Siblings' I-130s Approved...any US travel restirctions?

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derekleewo

Registered Users (C)
I submitted I-130 applications for my brother and sister in March 2008. We got the approval notices in the mail today.

I know there is some paper work that needs to be done that could take a few more months.

Can my siblings travel to the US on vacation during this time? They have valid tourist visas, but I was wondering if there would be any complications or issues when they are going through immigration in the US.

Thanks
Derek

BTW, we are in shock that they were approved so quickly. When we submitted the apps, we were expecting a 5+ year wait.
 
derekleewo said:
I submitted I-130 applications for my brother and sister in March 2008. We got the approval notices in the mail today.

I know there is some paper work that needs to be done that could take a few more months.
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A few months? LOL. Make that 8 or 9 years before you proceed to the next stage of paperwork.

For that last stage, they're currently processing people who filed in January 2000* or before for the sibling category. See the family based 4th preference at http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4659.html


*except Mexico and the Philippines, where it's much much worse
 
So I guess I'm misunderstanding the process? I got an approval for the I-130 petition and it says it was sent to the Department of State National Visa Center and that the NVC processes all approved immigrant visa petitions that need consular action. It goes on to say they will contact the consular post that is appropriate for the candidate to complete visa processing and the NVC will forward the approved petition to that candidate.

Is it that it is "now" they need to wait for their "priority date"?

BTW, the approval notice doesn't actually have a priority date in the priority date box. Does that mean one hasn't even been assigned as yet?
 
I-130 approval doesn't mean you're good to go. After I-130 approval, you still have to wait for them to reach your priority date to proceed to the next step, which would be the consular interview (and associated stuff like fingerprinting) if the beneficiary is outside the US, or Adjustment of Status if they're already in the US.
It goes on to say they will contact the consular post that is appropriate for the candidate to complete visa processing and the NVC will forward the approved petition to that candidate.
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Yes they will do that ... in 8 or 9 years when they reach your priority date.

BTW, the approval notice doesn't actually have a priority date in the priority date box. Does that mean one hasn't even been assigned as yet?
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For a family-based cases, the priority date is the filing date of the I-130 and should be shown on the I-130 receipt notice.
 
As far as your question of travel restrictions is concerned, they could have difficulties getting into the US with a tourist visa, due to the I-130. But if they already visited the US while the I-130 was pending, and left without overstaying, that can help to convince the immigration officer at the port of entry that they will leave again without attempting to immigrate.
 
Jackolantern said:
As far as your question of travel restrictions is concerned, they could have difficulties getting into the US with a tourist visa, due to the I-130. But if they already visited the US while the I-130 was pending, and left without overstaying, that can help to convince the immigration officer at the port of entry that they will leave again without attempting to immigrate.
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Thanks. They have traveled while the I-130 was pending and they have never overstayed. My brother's visa is going to expire in the next few months though so I'm assuming it may actually be tough when it comes time to apply for a new visitor visa.
 
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