Travel on a valid visa if pending I-130 possible?

[shri ganesh]

Hello,

If an I-130 is pending, can the beneficiary of the petition travel to the US as a visitor/business person?

I understand that new visa cannot be applied for, but if the person already has a long term visa, why can't he/she use that? Is there an automatic cancellation or POE harassment that makes it risky?

This is really problematic if I-130 is for brother/sister of USC which takes really really long. The brother/sister can't come to the US for legitimate business or other reasons.

Thank you.

Shri G

 

[TheRealCanadian]

I understand that new visa cannot be applied for, but if the person already has a long term visa, why can't he/she use that?

Just because you have a B visa doesn't relieve you of the requirements of the entering the US in B status - you must have a foreign residence which you have no intention of relinquishing, and no intent to stay in the US permanently on this visit.

An I-130 is clear immigrant intent, so the POE would be perfectly justified in denying you entry in B status.

 

[al1978]

I am an F-1 student that had I-140 filed for and no AOS. My I-140 has been denied and I entered US once while it was pending and twice after the denial. I have also had EAD under the economic hardship issued once after the I-140 was denied. I don’t know maybe it is different for I-130. I think AOS shows intent and not the petition. But if anyone knows someone on B2 with pending I-130 that was denied entry I would like to know about it.

 

[coho]

Hello,

If an I-130 is pending, can the beneficiary of the petition travel to the US as a visitor/business person?

I understand that new visa cannot be applied for, but if the person already has a long term visa, why can't he/she use that? Is there an automatic cancellation or POE harassment that makes it risky?

This is really problematic if I-130 is for brother/sister of USC which takes really really long. The brother/sister can't come to the US for legitimate business or other reasons.

Thank you.

Shri G

As you know filing I-130 is to get an Immigrant visa. When the petition is pending, the beneficiary will not be justified to use any existing non Immigrant visa (like B1/B2) to enter US because at the POE, the officer will definitely know that your case is pending and might refuse entry. You better get the opinion of a Immgrn Attorney

 

[pianoplayer]

As you know filing I-130 is to get an Immigrant visa. When the petition is pending, the beneficiary will not be justified to use any existing non Immigrant visa (like B1/B2) to enter US because at the POE, the officer will definitely know that your case is pending and might refuse entry. You better get the opinion of a Immgrn Attorney

Hi:

The issue is not as clear-cut as that. Having a pending I-130 is certainly evidence of possible immigrant intent; however, it is quite possible to prove that the person has no intention to immigrate ON THAT VISIT.

Plenty of people have entered on a valid visa with a pending I130. However, the decision is, as always, discretionary. It is prudent to travel with plenty of proof of non-immigrant intent, e.g. proof of return to employment, proof of home ownership etc.

 

[mermaid06]

Hi, I had a 130 pending as a child over 21 of PR (applied in 2002 and now approved) and was denied entry as a B1/B2. I was able to travel on the same visa several times before from Canada. But that one time even before the I130 was approved I was told on the border that "your mother wants you in the country" that's why we won't let you in.
So... travel at your own risk.

 

[pianoplayer]

Hi, I had a 130 pending as a child over 21 of PR (applied in 2002 and now approved) and was denied entry as a B1/B2. I was able to travel on the same visa several times before from Canada. But that one time even before the I130 was approved I was told on the border that "your mother wants you in the country" that's why we won't let you in.
So... travel at your own risk.

Hi:

Correct - it was up to the officer's discretion. I would certainly not speculate as to why you were denied. Unique facts and circumstances, demeanor, documentary proof, or the individual officer may have been dispositive. There is always an inherent risk in travelling in that "status."

Note that all non-US citizens are subject to inspection before entry to the US and all inspection involves some discretionary power. However, in the case of a PR, the decision is automatically subject to review by an IJ if the person requests it.

 

[DO/JD]

Hello,

If an I-130 is pending, can the beneficiary of the petition travel to the US as a visitor/business person?

I understand that new visa cannot be applied for, but if the person already has a long term visa, why can't he/she use that? Is there an automatic cancellation or POE harassment that makes it risky?

This is really problematic if I-130 is for brother/sister of USC which takes really really long. The brother/sister can't come to the US for legitimate business or other reasons.

Thank you.

Shri G

Hi

The information pianoplayer gave you is correct. You are not automatically denied entry by virtue of your I-130. It is discretionary, thus depending on many factors you could be allowed entrance or it could be denied.

Best wishes!

 

[shri ganesh]

Why should somebody else be screwed?

Since I-130 is filed by the petitioner, and in many cases there is nothing required from the beneficiary, how is beneficiary of the responsible for the acts of petitioner. the petitioner may not even have taken any consent from the beneficiary.

Example: if a US citizen files for her brother with wife and 1-year old. Now that 1-year old will have problems in future getting into the US for further studies or anything. But that 1-year never understood what was going on. this is true for any minor.

another example: US citizen files for mother and doesn't even require to get consent from mother. now if mother wants to travel, she is in trouble.

just a thought to keep this great discussion going.

shri g

 

[pianoplayer]

Since I-130 is filed by the petitioner, and in many cases there is nothing required from the beneficiary, how is beneficiary of the responsible for the acts of petitioner. the petitioner may not even have taken any consent from the beneficiary.

Example: if a US citizen files for her brother with wife and 1-year old. Now that 1-year old will have problems in future getting into the US for further studies or anything. But that 1-year never understood what was going on. this is true for any minor.

another example: US citizen files for mother and doesn't even require to get consent from mother. now if mother wants to travel, she is in trouble.

just a thought to keep this great discussion going.

shri g

Interesting comments. There are many parts of immigration law, or law in general, that are not inherently fair. On the one hand you have the interest on treating someone on his own merits. On the other, you have an interest of preventing those with a higher "risk score" from remaining and immigrating. Inherent in this law is a policy judgment in favor of preventing individuals with a high risk of immigrating from entering.

However, again I must observe that the beneficiary is not necessarily "in trouble" - the beneficiary merely has a higher, although perhaps only slightly higher, burden of proof upon entry to the country.