Can my mother visit the US on Visitor Visa after I-130 has been approved

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rusty7

Registered Users (C)
Hello:

My mother is due to visit us in March 2006 (has 10 year visitor visa). However her I-130 petition just got approved with paper work sent to NVC. There is no way I will be able to process I-864, DS3032 and get her a Conuslate appointment before she comes here? Is there a way for her to use her existing visa to come to the US? Your help is greatly appreciated.

Regards,
Rusty
 
I talked with my friend. His parents visited USA in similar situation while their I-130/Consular processing was in process. As far as I know, they did not have any problem on existing visa.
 
rusty7 said:
Hello:

My mother is due to visit us in March 2006 (has 10 year visitor visa). However her I-130 petition just got approved with paper work sent to NVC. There is no way I will be able to process I-864, DS3032 and get her a Conuslate appointment before she comes here? Is there a way for her to use her existing visa to come to the US? Your help is greatly appreciated.

Regards,
Rusty
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When someone files I-130 for their relative, the intention of applying for an immigrant visa is clear. Having said that, it doesnt make sense to enter US using a non-immigrant visa when you clearly have demonstrated immigration intent. Now, entering US using a non-immigrant visa when you have applied for I-130 depends on the officer at the POE. If it works for some, it will not work for others. The risk is yours to take, but as a worst case scenario, be prepared to be sent back from the POE.

If I-130 is approved, that means an immigrant visa is readily available and there are high chances that she might be denied entry at the POE if she tries to enter using a non-immigrant visa.
 
Thank you "Visa Applicant" and "ari4u". I spoke to an immigration officer and got a similar response. Its an IFFY situation. However, since my wife is due for delivery in late February, I really cannot postpone my mother's trip. One suggestion that the immigration officer had was for my mother to carry a letter (from me) stating the purpose of her visit and her intentions to go back to India.
 
ari4u / anyone -

What potential problems will one face in this case?
Parent is abroad, when I-130 is filed by his daughter/son in U.S. in the immediate relative category. While I-130 is in process (but not approved), if some situation warrants it, can the parent travel to U.S. ?

What are the consequences?
If the parent successfully gets through POE, should the sponsor then file I-485? Please respond.
 
jenimmi said:
ari4u / anyone -

What potential problems will one face in this case?
Parent is abroad, when I-130 is filed by his daughter/son in U.S. in the immediate relative category. While I-130 is in process (but not approved), if some situation warrants it, can the parent travel to U.S. ?

What are the consequences?

It totally depends on the officer at the POE. Some are strict while some are not. You must be prepared to face whatever the outcome is since you are knowingly taking the risk.

If the parent successfully gets through POE, should the sponsor then file I-485? Please respond.

(This is my understanding) You can file I-485 only when you opted to do AOS in your I-130. (Look at section 22). If you opted to do consular processing at an American embassy abroad, you cannot apply for AOS here. I may be wrong, but this is how i interpret section 22.
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ARI4U:

Do you know of any case where the person(s) were asked to go back? OR if they were allowed to stay by furnishing letters/documents that show their purpose for visit and their intentions to go back?

Thanks,
Rusty7
 
rusty7 said:
ARI4U:

Do you know of any case where the person(s) were asked to go back? OR if they were allowed to stay by furnishing letters/documents that show their purpose for visit and their intentions to go back?

Thanks,
Rusty7
Click to expand...

No. i dont have any specfic information. All i know is what i read online.
 
(This is my understanding) You can file I-485 only when you opted to do AOS in your I-130. (Look at section 22). If you opted to do consular processing at an American embassy abroad, you cannot apply for AOS here. I may be wrong, but this is how i interpret section 22.

I think we would like to know other people experiences in this case. Having a law is one thing and immplimenting is another. What are the immigration officer at the POE are afraid of. They know that the person cannot adjust his/her status here and will have to go back. If they know I-130 is filed for him/her, they should be able to check if he/she is planning to adjust status here as well.
I am in similar situation but for my sister. She has a multiple visitor visa and has visted once before. My Mom has recently filed I-130 for her. She is planning to visit again this year. I know she can be denied but I wanna know what are the chances. How many people were denied entry and how many were let go.
 
zeeman said:
(This is my understanding) You can file I-485 only when you opted to do AOS in your I-130. (Look at section 22). If you opted to do consular processing at an American embassy abroad, you cannot apply for AOS here. I may be wrong, but this is how i interpret section 22.

I think we would like to know other people experiences in this case. Having a law is one thing and immplimenting is another. What are the immigration officer at the POE are afraid of. They know that the person cannot adjust his/her status here and will have to go back. If they know I-130 is filed for him/her, they should be able to check if he/she is planning to adjust status here as well.
I am in similar situation but for my sister. She has a multiple visitor visa and has visted once before. My Mom has recently filed I-130 for her. She is planning to visit again this year. I know she can be denied but I wanna know what are the chances. How many people were denied entry and how many were let go.
Click to expand...

Its got more to do with your "intent" and the officers discretion at the POE. If you have an immigrant application pending and you are entering US using a non-immigration visa, it would create suspicion and problems. The final decision rests on the officer if he is not convinced, he has full authority to put you on the next plan back to where you came from.
 
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