Whether to apply for US Tourist B2 visa before brother files I-130

R

RUFGH

Registered Users (C)
Now I know the general wisdom is that I should get a B2 tourist visa before my brother files an I-130 for me. However, and this is a big however, I don't want to take the risk of being rejected for a B2 and have that appear as a big red mark against me in their books. I am not saying I will be rejected but nothing is guaranteed and it is true that after 911, lots of people get rejected all the time. My first question is does rejection of a B2 impact at all on my brother's green card petition for me or is it not a big deal?

Second question
- say I do successfully get a B2, if they may not let you in anyway once their computer throws up that there's an I-130 lodged for you, isn't it a waste of time to get the B2 in the first place? How often have you heard cases of people being refused entry once you have a petition pending? I believe it is their computer that will alert them to this since I did take a look at the customs landing and 1-94 forms and neither requires any disclosure from the visitor that they have tried/are trying to get an immigrant visa (unless I have overlooked?).


Tks for any advice/thoughts.
 
Not an iota if you were rejected because on 214(b).

RUFGH said:
My first question is does rejection of a B2 impact at all on my brother's green card petition for me or is it not a big deal?
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I know of a few cases personally when entry was refused. I have read of many more cases. I have also heard of cases where the POE officer knew about the pending I-130 and still had no issues in granting entry as visitors.

RUFGH said:
say I do successfully get a B2, if they may not let you in anyway once their computer throws up that there's an I-130 lodged for you, isn't it a waste of time to get the B2 in the first place? How often have you heard cases of people being refused entry once you have a petition pending?
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Tks for any advice/thoughts.[/QUOTE]
 
Rejection of a B2 visa won't hurt chances at getting a green card. If the visa is rejected for reasons of inadmissibility (criminal convictions, illegal overstays), the green card would also be rejected. But if the B2 is rejected for reasons of immigrant intent, the green card cannot be rejected for that reason.

Many people do get refused entry or at least hassled when they try to enter with a B2 visa while having an immigrant petition pending. But many people also enter the US with the B2 visa successfully. Get the visa first, then hope for the best when you try to use it. I would suggest filing the I-130 after you successfully enter the US (selecting consular processing, of course), so the next time you use the visa you can say you were previously in the US when the I-130 was pending but you left anyway.
 
Many thanks both, that's really put my mind at ease. Re: the latter suggestion, I have no plans to travel there currently so rather than waste time, he will get the I-130 in once I have my B2.

Regards.
 
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