QUESTION
Can my husband enter the US on a tourist visa while we wait for approval of his I-130 for his conditional res visa?
Asked on Nov 16th, 2012 on Immigration - California
More details to this question:
I am a US Citizen; he is a UK citizen. Will we run into issues with the I-190 form if he enters the country on a tourist visa while the I-130 is pending? He will not stay longer than the 90 day period.
2 ANSWERS
Yes, you may run into problems as he may not be permitted to enter if he has a pending I-130 as it shows he has immigrant intent. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Nov 21st, 2012 at 5:30 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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He could be denied since, on the basis of the I-130, the consulate may believe that he is planning to immigrate. He would have to show proof that he still has ties to the UK and is not planning on staying longer that his visa allows. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 21st, 2012 at 4:27 AM