machelon said:
man...i thought you said before that the POE "might" send a person back (on a non-immigrant visa) if an I-130 has been already filed...reagardless of the return ticket or letter from the employer....
so your saying that in future GC interviews they won't observe that a non-immigrant visa was used to get in and out when a I-130 has already been filed?
Be careful to distinguish between what I said earlier. As I am sure you learned when you studied law with your wife, you have to READ very carefully.
In theory, there is absolutely nothing illegal about entering the US on a tourist visa while an I130 is filed, provided that you comply with the provisions of the tourist visa, i.e. visit Disneyworld and leave again. Having an I130 filed is merely a petition for an immigrant visa, in many cases that petition will only be considered effective many years from the date it is filed.
Therefore, someone's brother may file an I130 for him, but during the many years of waiting for it to be current, that person may want to take tourist or business trips to the US. That is perfectly reasonable and acceptable, provided that the person obeys the conditions of the tourist visa.
Now in practice, POE officers are suspicious of people who do this. They are concerned, b/c there have been several individuals who claimed to do this and then just "disappeared" and never returned. Therefore, what I said is, that there is a risk of being denied at the POE. There is no certainty that such a person would be admitted.
Upon entry, that person needs to provide the best proof possible that he does not have intentions to immigrate ---- at least not immediately on that particular trip. Good proof usually is proof of employment abroad, mortgages and any significant obligations. Most people do not have problems when they present proof like this, but it is never a guarantee. That is what I was pointing out.
However, there is nothing illegal in itself to making tourist trips to the US while I130 is filed. The officer may not believe your good intentions and send you back, but that is a practical matter ---- you did not do anything illegal.
Therefore, if you manage to convince the POE officer, you make the trip, comply with the visa and return as required, you have not done anything illegal and there would be no problem at the GC interview. In fact, it demonstrates respect for the law ---- you had the chance to run and hide in the Appalachian mountains, but you did not ---- you visited and then returned, patiently waiting for your valid immigrant visa.
I hope that is clear.
Sincerely
Dr Phil of Immigration
hehe don't worry ---- I'm not really taking it seriously.
...don't take the Dr Phil comment too seriously.