I130 apprvd, could sponsored child apply for tourist visa for visit?

M

mes127

Registered Users (C)
Hello everyone

My stepdaughter I130 is approved and we expect to receive her GC in couple of years.
Could she apply for tourist visa to visit her mother or it would deny her pending case? Does she need "Advance Parole" to visit US? What are our options for her visitation? WE don't want to jeopardize her GC but we would like to see her for family reunion.

I thank you for your help.
 
She is no longer a non-immigrant and thus not eligible for a visitor visa. Sorry. You can visit her.
 
nscagony said:
She is no longer a non-immigrant and thus not eligible for a visitor visa. Sorry.
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A pending (or approved) I-130 is not a statutory bar to entrance in B status. However, it does create an extremely strong presumption of immigrant intent and entrance is likely to be denied. She needs to have strong ties to her home country, like significant property, a job and other links.

Essentially, she needs to convince the consular officer that she will leave at the end of her visit.
 
mes127 said:
Hello everyone

My stepdaughter I130 is approved and we expect to receive her GC in couple of years.
Could she apply for tourist visa to visit her mother or it would deny her pending case? Does she need "Advance Parole" to visit US? What are our options for her visitation? WE don't want to jeopardize her GC but we would like to see her for family reunion.

I thank you for your help.
Click to expand...

She can apply for B visa and uses it to enter the US as long as she is going to leave the US before B visa expires. However, DS-156 has a question about immigration petition and she needs to disclose the fact I-130 was filed, then issuance of visa will be on discretion of consulate officer.
 
She can apply for B visa, she has nothing to loose. My son applied last year(I also applied immigration petition) and they gave him visa for 2 years. But she need to show strong ties to her home country, like GotPR? mentioned...Good Luck!
 
GotPR? said:
She can apply for B visa and uses it to enter the US as long as she is going to leave the US before B visa expires.
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not the visa itself, but I-94 in her passport. Visa could be given for 10 years, but that doesn't mean that the person can stay that long. Max stay is 6 months.
 
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