QUESTION

Am I able to travel as a tourist to the US to visit family, while waiting for an i-130 to be processed from outside the US?

Asked on Oct 15th, 2017 on Immigration - Georgia
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2 ANSWERS

Sexual Harassment Attorney serving Brooklyn, NY
3 Awards
Probably not, since visiting assume that you are a non-immigrant, and a pending I 130 indicates that you would be an immigrant.
Answered on Oct 17th, 2017 at 6:49 PM

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Immigration Law Attorney serving Atlanta, GA
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Generally, eligibility for a visitor's visa turns on whether an applicant can demonstrate to immigration officials that he/she can be expected to travel to the U.S. only temporarily and then depart - this is known as demonstrating nonimmigrant intent. Having a pending I-130 application can be deemed to reflect an intention to remain in the U.S. permanently - this is known as having immigrant intent. Depending upon all of the circumstances, it may be possible to demonstrate nonimmigrant intent notwithstanding a pending I-130. That may include, for example, having an I-130 in a family-based visa category for which there is a long backlog for visas; availability of evidence that the applicant will travel without his/her children or other close family members; evidence of a temporary leave of absence from work; evidence of a residential lease or home ownership abroad; evidence of banking, credit and other relationships abroad; etc. It would be wise for you to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Oct 16th, 2017 at 11:54 AM

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