B2 Visitor visa denied. Please help?

[valentino46]

Hello

Hopefully someone out there can help me. I cannot travel under Visa Waiver since I have a caution from 1991. Although I have always declared this on the previous visa waivers when visiting the inlaws over the past 20 years on a dozen occassion to the USA. I applied for a Visitor visa DS 160, when I went to my interview they stated that I have applied for the wrong type of visa and i have been deniied under 214b act. My wife is a british citizen with American Citizen as parents and we have applied with I130 F3 to immigrate to the USA 7 years ago and this is still pending. What do I need to do to visit my inlaws next month as I cannot see a way to do this?

Any help in this matter would be greatly appreciated. Thanks

[kabkaba]

Having an immigrant petition makes you ineligible for Visitor Visa. Either withdraw that petition and apply again or wait for the petition to clear (get Green Card)

[valentino46]

B2 Visa Denial

Thank you for your reply. This is my thought too. But do not understand that under the new visa waiver programme my husband can no longer visit my family even though we have on several occassions been to the US on vacation since the petitiion was filed. I don't want to withdraw my petition as this has been a long process as 7 years later and still not made it to the top of the list for a immigrant visa interview. Does anyone know any other way around this?

[valentino46]

Visiting US while petition pending for I130

Please can someone give me some advice as cannot travel under Visa Waiver Programme as cautioned and cannot travel under Visitor visa as I-130 pending. How can I still visit my family in the US as I have done several times since petition has been filed and caution relates back to 1991 and have entered the US for family holiday at least a dozen vacations? There must be someway round this other than retracting my I-130!

[Katrina_2011]

hi.. My response is not actually to answer ur query but actually to just say that my question is somehow similar to yours. I am currently working at a US territory, CNMI, and my sister would like to petition me. I just want to be clarified that if say the petition has been filed already, cant i visit my sister in the US in the near future. Is the petition going to be a barrier for me to visit? Will i be denied a US tourist visa if i have a pending petition? Hope someone can help clarify my queries too.
Thanks much and looking forward to hear from anyone in this forum.

[valentino46]

hi.. My response is not actually to answer ur query but actually to just say that my question is somehow similar to yours. I am currently working at a US territory, CNMI, and my sister would like to petition me. I just want to be clarified that if say the petition has been filed already, cant i visit my sister in the US in the near future. Is the petition going to be a barrier for me to visit? Will i be denied a US tourist visa if i have a pending petition? Hope someone can help clarify my queries too.
Thanks much and looking forward to hear from anyone in this forum.

I cannot see having a petition will cause you any problems unless you answer yes to any of the questions on the visa waiver. You maybe questioned by US customs but I have travelled to the US on 3 occassions since my petition was originally filed and have not had any problems visiting my family until I completed the new online visa waiver. This is only my advice and not legal advise. Hope this helps.