QUESTION

Tourist Visa While I-130 in the process..

Asked on Jan 09th, 2020 on Immigration - Illinois
More details to this question:
i filed petition I-130 for my dad in August 2019 so far no response from USCIS, he had 10 years bar, which ended in june 2019. Due to some family issues and problems my mother is sick and she is cancer patients stage 4 my father wants to travel since it could take time for his I-130 to be approvedand processed is it good idea if he apply for tourist visa will it affect his I-130 case delays.. Please give ur just opinion it is just opinion I myself a paralegal and work with immigration attorney her opinion is he can apply doesn’t affect anything but i am scared because of our situation his bar which is over but we really need him to be here to see my mother in this tough time. Note: before filling I-130 he tried tourist visa he got denied 2 times he was under bar and third time when he applied his bar was over. Thanks 🙏
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
My opinion is that it is okay to apply for a tourist visa, but that your father should be entirely truthful in filling out and interviewing for the nonimmigrant visa. If he obtains the visa, he should further be truthful with CBP when he arrives at the airport or other port of entry if questioned about his  past and his intended period of stay. He would also be advised to bring proof that he has been outside the US for 10 years and of your mother's condition. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Feb 02nd, 2020 at 8:59 AM

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