If I-130 is filed, can you enter as visitor?

L

Laripu

Registered Users (C)
If someone files an I-130 for an unmarried son over 21 from Canada, can that son enter the US as a visitor while waiting for the priority date to become current?

The son can prove attachment to Canada: job, side-business, house with mortgage, etc. Does that help?

Thanks in advance for your help.
 
Laripu said:
If someone files an I-130 for an unmarried son over 21 from Canada, can that son enter the US as a visitor while waiting for the priority date to become current?

The son can prove attachment to Canada: job, side-business, house with mortgage, etc. Does that help?

Thanks in advance for your help.
Click to expand...
If he intended to leave after visit, it is not illegal to come into the US even though immigration petition is filed. But of course, there is a chance of denial of entry if immigration officer found he had filed immigratoin petition. It's kind of luck.
 
Laripu said:
If someone files an I-130 for an unmarried son over 21 from Canada, can that son enter the US as a visitor while waiting for the priority date to become current?

The son can prove attachment to Canada: job, side-business, house with mortgage, etc. Does that help?

Thanks in advance for your help.
Click to expand...

For the I-130, there is no definite answer to this as this part of the law lies in the gray area. It is however the discretion of the officer at the POE to let you in or subject you to secondary inspection and deny entry when uncovering your immigration intent.

For the I-485, you definitely cannot use your B visa to enter US after you file your I-485.
 
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