B2 Visit with Green Card petition pending??

[B2visitGCpending]

sir,

myself, my wife , son 4 yrs old and daughter 1yr old all has 10 yr multipul B2 visa and visit u.s two time. now is My brother a citigen and filed for Green Card, family based IV category for borther/sister. I have been told it will take 11-14 year for me & my family to get a Green Card in this scene

1) Can we still goto U.S.A with our valid B2 visas or will we be stopped at airport customs saying we have to come after 15 year, with green card.

2) what age is consider major, if the card delayed and I get after 15-16 years then my son will be above 18 yrs.

3) will all of us get 10 more year visit visa extension after current visit visa expired.

kindly help us out with valueble advice,
yours sincerely

confused brother.

[orion]

You can visit. Follow the rules of B visa and you can be hopeful of getting another 10 yrs visitor visa.

[B2visitGCpending]

Dear orion,

thank you for your positive reply.

i had posted same question in other threads of forums, these r the replies i got

" I know someone who tried to get a tourist visa while they had a pending I 130 filed by their Mother. They were denied. I don't know if it's the same for people with current visas, but the rule is no non immigrant visas if you have an immigration process open. I think, at the very least, they won't renew your visa after it expires and you'll have to wait for the green card. (I think) "


" you can try to enter, but be prepared to answer the question whether an immigrant visa petition has been filed for you. You have to tell the truth, and risk being sent back.
Your son may age out. The laws may change in 15 years too. "


" A1: There is a strong possibility that you may be denied entry. A lot will depend on your citizenship.
A2: There is a formula to determine that. Search for "age out" on this forum.
A3: You will only know that once you re-apply for your B-2 visa. "

anyhow thanks for taking time to advice me.

[orion]

thank you for your positive reply.


" I know someone who tried to get a tourist visa while they had a pending I 130 filed by their Mother. They were denied. I don't know if it's the same for people with current visas, but the rule is no non immigrant visas if you have an immigration process open. I think, at the very least, they won't renew your visa after it expires and you'll have to wait for the green card. (I think) "

Well the fact is you already have a visa. Make sure its valid ie you did not overstay on it in your past visits etc.

[/I] " you can try to enter, but be prepared to answer the question whether an immigrant visa petition has been filed for you. You have to tell the truth, and risk being sent back.
Your son may age out. The laws may change in 15 years too. "[/I]

Thats true, dont lie if asked. All I meant to say is since you have a valid visa, you may attempt to enter with good chances. There is always a chance that they will not ask you about your immigrant pending petition at all. Its true that you do not satisfy the first and foremost rule/eligibility criteria of B2 - Non Immigrant Intent! You are an intending immigrant, so there is always a risk factor involved. Did you lie on your DS-156 form when applying for your visitor visa? that you have not been petitioned for perm residency?

" A1: There is a strong possibility that you may be denied entry. A lot will depend on your citizenship.
A2: There is a formula to determine that. Search for "age out" on this forum.
A3: You will only know that once you re-apply for your B-2 visa. "

anyhow thanks for taking time to advice me.

There is always some risk here due to what I said above. But there are chances of gaining entry too. Consulting an immigration attorney for an advice will help.

[B2visitGCpending]

Dear Orion

Really thanks For such a detailed reply.

1) never overstayed in previous visits, actually understayed, even when i got 6 months in I-94 i stayed for 1 month only.

2) all family have VALID visas

3) when I apply and wife apply i write no study, work, stay and immigration petiton. no lies in DS - 156

After reading so many valuebul replies i understand it is risk but also no option for my family but leave it to gods fate.

thanks you all again.