Entering US on visit visa after applying for green card

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dvdg12

Registered Users (C)
My father (age 70+) waited to get his visit visa security clearance for more than 2 years. He is a citizen of Pakistan. After 2 years passed, my brother (US citizen) applied for his immigration. Murphy's law....after one week of applying green card, my father got phone call from Karachi consulate that his visa security clearance is passed and he can pick his passport. So now he has a visit visa stamped on his passport and he has a pending immigration application submitted to USCIS.

The lawyer who submitted his immigration application is saying that he shouldn't come to US on visit visa as immigration officer at the border will know from his computer that my father has an immigration application pending and he will deny entry on visit visa. But other people say that he should be fine as long he comes with a return ticket.

I just wanted to get opinions of the people in this forum that if he comes to US on visit visa, will he be sent back because of his pending immigration application?
 
It is okay to visit the U.S. on a visitor's visa as long as there is no intention of staying and adjusting status. However, your brother presumably filed an I-130 petition, and once that's approved (in a few months), your father will immediately be able to file for I-485 (since he's the immediate relative of a U.S. citizen) if he's in the U.S. Under that circumstance, it may be difficult for them to let him in, since it is all too easy for him to adjust status in the U.S.
 
newacct said:
It is okay to visit the U.S. on a visitor's visa as long as there is no intention of staying and adjusting status. However, your brother presumably filed an I-130 petition, and once that's approved (in a few months), your father will immediately be able to file for I-485 (since he's the immediate relative of a U.S. citizen) if he's in the U.S. Under that circumstance, it may be difficult for them to let him in, since it is all too easy for him to adjust status in the U.S.
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I guess the question is that will the CBP officer at the border know that my father has also an application pending for US immigration?
 
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