QUESTION
Will a history of denied tourist visa (my mother) affects my I-130 petition for her?
Asked on Aug 28th, 2013 on Immigration - New York
More details to this question:
On April 2009, I came in the US as a conditional resident. On Oct 2009, my mother tried to apply for a tourist visa-denied. On 2011, I became a green card holder. On 2013, I became a US citizen. On September, I will try to petition my mother.
7 ANSWERS
Rebecca T White
Assuming she was denied the tourist visa because she could not show non-immigrant intent, it won't. If it was denied for another reason it will.
Answered on Aug 30th, 2013 at 11:08 AM
The I-130 is used to establish the immigration status of the petitioner and the relationship between the petitioner and beneficiary. It isn't used to determine eligibility to become a permanent resident or to immigrate to the United States, for example. However, when your mother eventually tries to become a resident or obtain an immigrant visa, the history may effect her if a consular officer made a finding of misrepresentation at the time she applied. I recommend filing a Freedom of Information Act request with the Department of State in order to review your mother's prior applications and the reasons for the denials. While you await those records, you can file the I-130 for her.
Answered on Aug 30th, 2013 at 5:33 AM
There are, indeed, some circumstances where the denial of a visitor's visa application for your mother could stand in the way of success in consular processing for her in the Immediate Relative visa category, when filed on her behalf by her U.S. citizen adult child. An example of this would be a denial based upon fraudulent conduct. Many other circumstances for denial, however, should not present problems. It would be wise to engage an immigration attorney to review all of the relevant details of your mother's situation, including the petition she previous filed and the denial decision, in order to be able to advise about eligibilities, options and strategies.
Answered on Aug 29th, 2013 at 4:14 PM
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
Update Your Profile
You should have no problems. I would first have her try to get another tourist visa now that you are a US citizen. It will be much easier to apply for her green card while she is in the US.
Answered on Aug 29th, 2013 at 9:57 AM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
Unless your mother committed fraud or misrepresentation during the application process, the denial of her visa applications should not affect the I-130 petition that you will be filing on her behalf.
Answered on Aug 29th, 2013 at 9:43 AM
No. If she is otherwise qualified for an immigrant visa, then the denial of a tourist visa itself won't affect the petition.
Answered on Aug 29th, 2013 at 9:22 AM
Adebola O. Asekun
The answer to this question depends on the factual basis for your mother's previous B-2 visa denials Unless the consular officer denied her B-2 on criminal, fraud, health or such other grounds, she should not have any problem in getting her immigrant visa approved if you decide to file her petition. because, the requirements for approval of a B-2 visa is different from what you need to prove to obtain an I-130 petition. But before you file her I-130 petition, you should, if possible review any and all documents she may have submitted to the consulate in her previous B-2 visa applications so that when you file her I-130 petition, you do not get tripped up by inconsistent or contradictory information already on her file with the consulate.
Answered on Aug 29th, 2013 at 9:19 AM