QUESTION

While pending parents I-130 in US can they apply for visit Visa and travel to USA?

Asked on Sep 06th, 2021 on Immigration - Texas
More details to this question:
While pending parents ( mother ) I-130 i apply online here from USA last May, 2021 and so far no update yet at all. My question is ok to apply her visit visa from Pakistan and come here? Or this will cause any issue to her I-130??
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1 ANSWER

Julio P
When you filed a family petition for your mother, you communicated an intent for her to immigrate permanently. When you file an application for visitor's visa, your intent is to visit temporarily. That being said, if you apply for and are granted a visitor's visa, it will nOt affect you family petition to immigrate as long as you disclose it on your visitor's visa application. Based on the intent, it is very likely that an immigration officer would deny your mother's visitor's visa based on your underlying family petition unless he is convinced that she is not coming to stay or she has intention to return. In addition, it is taking about a year to get an appointment for visitor's visa applications, but it is taking about 5-7  months to get family petitions approved. I recommend you hire an attorney to assist you with your concerns. 
Answered on Sep 13th, 2021 at 6:13 AM

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