QUESTION

Is getting a tourist visa has an effect on a current petition?

Asked on Aug 22nd, 2012 on Immigration - Georgia
More details to this question:
I am an adult United States citizen. I would like to make a petition for my mother that lives in Columbia. She wants to get her tourist visa so she could come and visit me first then, go back to Columbia before deciding if she really wants to live here.
Report Abuse

2 ANSWERS

If your plan is to have your mother visit first, you should not submit the petition until after she has been granted a visitor visa. Otherwise, it would be very difficult to get one if the consulate is aware that an immigrant petition has been filed for your mother.
Answered on Aug 27th, 2012 at 12:52 PM

Report Abuse
Immigration Law Attorney serving Atlanta, GA
3 Awards
A foreign national may apply for a visitor's visa (B1/B2) to visit her U.S. Citizen child in the U.S., so long as she genuinely has the intention to remain in the U.S. only temporarily, and then return abroad. If the foreign national later were to decide that she would like to remain permanently, her U.S. citizen adult child could petition for her to adjust status in the Immediate Relative visa category. In that process it would be important to be able to persuade a skeptical USCIS adjudicating officer that she genuinely intended to stay only temporarily when she entered the U.S. If an adjustment of status application is filed within 60 days of entry on a visitor's visa, there becomes a legal presumption that she had "immigrant intent," and that she misused and was ineligible for a visitor's visa, which could result not only in denial of the adjustment of status application, but also could result in even more harsh consequences. Legal presumptions, however, may be rebutted upon presentation of convincing documentary evidence. If a foreign national visits her adult U.S. citizen child on a B1/B2 visa, and then timely returns home abroad, and then decides that she would like to reside permanently in the U.S., the U.S. citizen and foreign national parent may apply abroad through "consular processing" for the parent to return to the U.S. and become a Permanent Resident.
Answered on Aug 27th, 2012 at 12:32 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters