ENTERING THE U.S. ON A VISITOR VISA WITH A PENDING I-130 PETITION
ENTERING THE U.S. ON A VISITOR VISA WITH A PENDING I-130 PETITION
Introduction
The United States is renowned for its diverse culture and attracts individuals from around the world for various purposes, such as tourism, family visits, or business. If you possess a pending I-130 Petition for Alien Relative, acquiring a visitor visa to the U.S. might seem intricate. This article aims to elucidate the essential information and prerequisites for entering the U.S. on a visitor visa while having an I-130 petition pending.
Understanding the I-130 Petition
The Form I-130, known as the Petition for Alien Relative, holds paramount importance in the family-based immigration process of the United States. U.S. citizens and lawful permanent residents (green card holders) can submit this petition to sponsor their immediate relatives or certain family members for immigration to the U.S. as lawful permanent residents.
Visitor Visa (B-1/B-2 Visa) Overview
The B-1 visa, designated for business purposes, and the B-2 visa, intended for tourism, family visits, or medical treatment, are collectively known as the visitor visa. These visas are classified as nonimmigrant visas, signifying that their primary purpose is temporary stays rather than permanent residency. If you have a pending I-130 petition and wish to visit the U.S. while awaiting its processing, you must apply for a visitor visa.
Visitor Visa Application Process with a Pending I-130 Petition
Accurate and Honest Disclosure: When applying for a visitor visa, it is of utmost importance to be truthful and forthright about your immigration intentions. Consular officers thoroughly review each application, and any dishonesty could lead to visa denials or severe immigration consequences.
Nonimmigrant Intent: A major concern of consular officers when reviewing visa applications is whether applicants have the intention to immigrate permanently to the U.S. Having a pending I-130 petition implies immigrant intent, as it reflects your intention to establish permanent residency through your U.S. citizen or green card holder relative. Therefore, it is crucial to demonstrate strong ties to your home country to ensure your return after your temporary visit to the U.S.
Compelling Reasons for Temporary Visit: Clearly state the purpose of your U.S. visit and provide supporting documents for your intended activities during your stay, such as hotel reservations, itinerary, or invitation letters from relatives or friends.
Proof of Strong Ties: To overcome the presumption of immigrant intent, you must present evidence of significant ties to your home country, such as family, employment, property ownership, financial assets, or educational pursuits.
Consistency in Documentation: Ensure that the information provided in your visitor visa application aligns with the details included in your I-130 petition. Any inconsistencies may raise concerns and result in visa denials.
Conclusion
Entering the United States on a visitor visa while having a pending I-130 petition is feasible, but it necessitates meticulous preparation and adherence to immigration guidelines. Always be truthful about your intentions, provide substantial evidence of ties to your home country, and demonstrate that your U.S. visit is temporary in nature. Seeking legal advice from an experienced immigration attorney can be advantageous in navigating the complexities of the visa application process and increasing your chances of a successful outcome. Be diligent and patient during this process, as the I-130 petition and visa application may take time to process.
Thank u very much Mr. Samar sir and Mrs. Anisha mam for putting your best efforts and you both are such a knowledgeable and kind person and we are very thankful to both of you..
Sajal Golen
