Cancel I130 and applying for B1/B2

[leena3]

Hi,

What are the chances of getting a visitor Visa once if a person cancels the immigration visa.
My parents visitor's visa recently was denied with the reason being that their immigration visa was pending(I-130). My parents DON'T want to immigarte to the US anyway. Their immigration visa (F4) was applied in Jan 1999 and now the prirority date is Aug 1998. So, we are in a dilemma whether to CANCEL their immigration visa and apply for visitor visa so that they can atleast come on a visitor's visa to the United States.

Would appreciate if someone can help us on this...

Regards,

Indian Person

[unreliableuscis]

Hi,

Please refer to a new rule posted on 09-24-2008 in the Foreign Affairs Manual.............


9 FAM 41.31 N17 AUTHORITY TO CLASSIFY
CERTAIN VISAS “B-1/B-2” AND AMOUNT OF
FEES TO BE COLLECTED
(CT:VISA-1034; 09-24-2008)
a. You may properly issue B-1/B-2 visitor visas to aliens with immigrant visa
(IV) applications pending with the United States Citizenship and
Immigration Services (USCIS). You must be satisfied that the alien’s
intent in seeking entry into the United States is to engage in activities
consistent with B-1/B-2 classification for a temporary period and that the
alien has a residence abroad which he or she does not intend to abandon.
While immigrant visa registration is reflective of an intent to immigrate, it
may not be proper for you to refuse issuance of a visa under INA 214(b)
solely on the basis of such registration, unless you have reason to believe
the applicant’s true intent is to remain in the United States until such a
time as an immigrant visa (IV) becomes available.
b. Also eligible for B-1/B-2 visas are qualified applicants whose principal
purpose for visiting the United States at various times falls within the B-1
or B-2 category.
c. When the fee prescribed in the appropriate reciprocity schedule is not the
same for each classification, the higher of the two fees must be collected.

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Having applied for Immigrant Visa may not be the sole reason for denial of B2. If your parents can somehow prove that for the current visit, they intend to return to home country, they may be able to get a B2. You may also appeal the DHS for an interpretation of this rule, if your parents were denied solely on the basis that they have IV filed.