Petition for consular processing

Umm... I think the premise of this is completely incorrect. Nothing prohibits petitioned family members from visiting on non-immigrant visas, if they otherwise qualify.

"When it is done in this manner (outside of the US), the applicant is barred from entering the US for the entire time of the processing" is completely false and has no basis in immigration law.
 
It's my understanding that to enter on a non-immigrant visa, you have to prove you have no intention of immigrating. Short of lying, it seems rather difficult to prove. Both a lawyer and CBP have said that, while not impossible, it's highly improbable when I inquired.
 
I found that some of the confusion comes from the Visa Waiver Program - I've updated the wording to reflect that. Canada isn't part of the VWP.
 
gryphon said:
It's my understanding that to enter on a non-immigrant visa, you have to prove you have no intention of immigrating. Short of lying, it seems rather difficult to prove. Both a lawyer and CBP have said that, while not impossible, it's highly improbable when I inquired.
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Immigrant intent = intent to immigrate on this trip. Intent to immigrate in the future is irrelevant. If you intend to come to the US, then leave, then the next day immigrate (and can convince CBP of this), that is perfectly fine.
 
I think convincing the CBP is the big part of it =) From my discussion with them, there's virtually no way the particular office I called would allow it.

Maybe I need to adjust the goal to allow non-immigrant visas without regard for immigration intent but with the stipulation that no AOS can be made, similar to how the VWP is supposed to work.
 
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