Does filing I-130 create any problem while entering US on visitor Visa?

[xxzz]

My brother has a US visitor visa. I recently became a US citizen and want to file Immigrant Petition for him.

Will he have any issues entering US for short visits (on B2) after I file I-130 petition for him ?

Any inputs will be greatly appreciated.

Thanks,

[dr_lha]

It shouldn't officially, but unofficially it might cause him to get more scrutiny upon entering the USA. I-130 doesn't establish immigration intent in itself, but it might cause a red flag, and your brother should be able to prove he doesn't intend to remain in the USA to the CBP officer.

Where is your brother from BTW?

[boatbod]

There is a significant likelihood he will be denied entry, or at the very least, given only a short stay as a result of having to answer 'yes' to the I-94 question of whether an immigrant petition has been submitted on his behalf.

Presumably you are aware there is a minimum 11 year wait for priority date on a family fourth preference I-130 petition?

[GotPR?]

Originally Posted by boatbod

There is a significant likelihood he will be denied entry, or at the very least, given only a short stay as a result of having to answer 'yes' to the I-94 question of whether an immigrant petition has been submitted on his behalf.

Let's get the fact straight. There is no question about immigration petition in I-94 and I-94W.
It is asked in DS-156 when one gets the visa at the US consulate.
POE officer may ask verbally or may get that info on their computer though.

[boatbod]

I stand corrected - just found an example form. http://www.cbp.gov/xp/cgov/travel/id...ng_out_i94.xml

[Triple Citizen]

He can continue to use his current visa until it expires. He may or may not have trouble getting into the US. It all depends on the officer and what all he discovers in his "system" about your petition to sponser your brother. Remember, your brother is a good 12-15 years away from getting his immigrant visa. Once this visit visa of his expires, it will be very tough to get a fresh B-2 visa.

Originally Posted by xxzz

Will he have any issues entering US for short visits (on B2) after I file I-130 petition for him ?