I-130 for father,mother and siblings

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usatimes1

Registered Users (C)
Hi guys,

I just became a US Citizen, and my dad,mom, siblings want to visit me here in the US. (For two weeks). I asked them if they want me to petition for them. (I-130 petition for alien relative). But they said that they will think about it. They are not sure if they wanna come here permanently or not.

My questions are : 1) If I petition them with I-130, will they be able to apply for a visitor visa while they are waiting for I-130?

2) Is it a good idea to apply for a visitor visa before you apply for I-130? Because I saw somebody in this forum that her parent got denied for visitor visa.:eek: Their excuse is that her parent may decide to stay in the US permanently. The thing is that she could have filed I-130 if her parent wanted to stay permanent in the US. I don't understand why immigration officer did this to her. I don't wanna think that this (visitor visa denial) is an excuse to deny future petitions (I-130). This is not right.
 
usatimes1 said:
Hi guys,

I just became a US Citizen, and my dad,mom, siblings want to visit me here in the US. (For two weeks). I asked them if they want me to petition for them. (I-130 petition for alien relative). But they said that they will think about it. They are not sure if they wanna come here permanently or not.

My questions are : 1) If I petition them with I-130, will they be able to apply for a visitor visa while they are waiting for I-130?

2) Is it a good idea to apply for a visitor visa before you apply for I-130? Because I saw somebody in this forum that her parent got denied for visitor visa.:eek: Their excuse is that her parent may decide to stay in the US permanently. The thing is that she could have filed I-130 if her parent wanted to stay permanent in the US. I don't understand why immigration officer did this to her. I don't wanna think that this (visitor visa denial) is an excuse to deny future petitions (I-130). This is not right.
Click to expand...

Yes, you can petition for them by filing I-130 and they can certainly apply for B2 while their I-130 is pending (or if they are waiting for visa number, in case of siblings), but the chances of them getting the visa are not very good as they have expressed immigration intent.

So, yes, the better option is to apply for B2 before you apply for I-130. But once you petition for them, they will probably have a hard time entering US on B2 next time they come to US. Consular officers deny B2 unless the visa applicant can demonstrate strong ties to their home country. Every non-immigrant visa applicant is by default considered to have immigration intent and it is upto the petitioner to demonstrate otherwise. Your I-130 WILL NOT be denied just because your parents did not get B2. So you don't have to worry about that.
 
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