Entering USA while pending I-130 petition?

T

TanyaBelka

Registered Users (C)
Hello, everyone! I applied for I-130 for my mother while she is in Russia, she is going to have consular processing. My question is: can she still come to USA to visit me while her application is pending/under review? She already has B1/B2 visa... Will she have any problems with entering USA and can the US border officer deny her entry because of her pending immigration status? Thank you!
 
She could. But there is a good chance she will be denied entry. When entering on B1/B2, she cannot have intent to immigrate while here on this trip. Since she's a parent of a USC, she would be eligible for Adjustment of Status in the U.S. at any time after she enters. Even if she can provide proof that she plans to return, since she already has plans to immigrate in the future, it would be so easy for her to change her mind while here and she can do Adjustment of Status. Therefore they will probably not let her in.
 
thank you! What if she shows them return ticket and letter from her job that she is going back to work after her vacation? can it help?
 
If she has already used her visa to visit the US (without overstaying) since you became a US citizen and you were at least 21 years old, that would help a lot with convincing the port of entry officer to let her in. She can point out that she already visited the US when you were eligible to petition for her but she left anyway, and she will leave the US again to wait to be interviewed at the consulate.
 
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