Entry to US in case of Pending I-130

[sachin469]

I am now 23 years old and currently working as a Software Engineer in TCS,India. My current salary is over Rupees 4 Lakhs per annum(INR).
My father who is LPR in United States has filed an I-130 petition for me in june 2003 in F2A category. Since my father is still not an US citizen(as he travels frequently to US), NVC shifted me in F2B category as per CSPA rules. After this, it seems that the case will still take 2-3 more years.
I want to visit my sisters in US(they are US citizens). Should i apply for A US Business visa? I was rejected a business visa once in 2001.
My intent is only to visit them for 3 weeks for a family gettogether.

[sachin469]

I am now 23 years old and currently working as a Software Engineer in TCS,India. My current salary is over Rupees 4 Lakhs per annum(INR).
My father who is LPR in United States has filed an I-130 petition for me in june 2003 in F2A category. Since my father is still not an US citizen(as he travels frequently to US), NVC shifted me in F2B category as per CSPA rules. After this, it seems that the case will still take 2-3 more years.
I want to visit my sisters in US(they are US citizens). Should i apply for A US Business visa? I was rejected a business visa once in 2001.
My intent is only to visit them for 3 weeks for a family gettogether.

[aneri]

sachin, tourist visa is for visiting...

and your father should be careful not to lose his residency ("as he travels frequently to US" suggests he does not live in the USA).

[sachin469]

davdah,
From where this arrange marriage came into picture ???

aneri,
My mom/dad never took a long vacation out of US.
But since dad has been in US for less than 30 months in the last 5 years, he is not eligible for naturalization.
My sisters want me to visit them for their 10th marriage anivarsary...And Yes thats what my intent is right now....VISIT

[Theone]

You applied for a Business Visa when you were 16?

But why not try, you ony have the application fee at risk. Then you will know for certain.

[sachin469]

Theone,
Yes i applied for a B2 Visa when i was 16 yrs and one month old. Same was denied.

Thank You for your help theone

[aneri]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by sachin469:
My mom/dad never took a long vacation out of US.
But since dad has been in US for less than 30 months in the last 5 years, he is not eligible for naturalization. </div></BLOCKQUOTE>
doesn't make sense to me... but that wasn't your question, although it may become an issue before your immigrant visa is granted.

You can try to apply for a tourist visa. Pending I-130 does not mean automatic denial of tourist visa.

[sachin469]

My dad is LPR(Lawful Permanent Resident or Green Card Holder) since March 2003.
He neds to stay in US for atleast 30 months to apply for citizenship(as per my knowledge).
But he hasn't done this...He was in for US &lt; 30 months in the last 5 years.
Because of this, he is still an LPR and not a citizen.

My petition was filed in 2003, it was in F2A category. It was approved in 2004 by uscis. Later on the case was shifted to F2B category as per Child status Protection Act Rules. I am now waiting for Visa Number to be available.

My dad lives with his daughters in US(They are US citizens). He goes there every year, spend some time with them (3-4 months) and then come back to stay with me here in india. He has a valid driving liscence, valid bank accounts, SSN, permanent residency(of his daughters) in US.

Can this be a problem for my petition?

[MakeItRight!]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
The chances are slim to none. You already have an intending immigrant petition and are asking for a non-immigrant visa. The embassy will assume you will not be just visiting.

Especially since it is very common in your culture as we are told to have arranged marriages and that you have several relatives already here. The only way is for you to show very strong ties to your homeland that would compell you to return after the visit. Do you own a house? Do you own a successful business? A wife already? If you can't answer yes to 2 out of three its probably going to be denied. </div></BLOCKQUOTE>

Impressive!!!! . You Go Buddy!!!

[a9b3h5]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by sachin469:
davdah,
From where this arrange marriage came into picture ???

aneri,
My mom/dad never took a long vacation out of US.
But since dad has been in US for less than 30 months in the last 5 years, he is not eligible for naturalization.
My sisters want me to visit them for their 10th marriage anivarsary...And Yes thats what my intent is right now....VISIT </div></BLOCKQUOTE>

Here is an option. May be your sister and her family can come to visit you that way you will be there to enjoy their anniversary.

[aneri]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by sachin469:
My dad is LPR(Lawful Permanent Resident or Green Card Holder) since March 2003.
He was in for US &lt; 30 months in the last 5 years.
...
My dad lives with his daughters in US(They are US citizens). He goes there every year, spend some time with them (3-4 months) and then come back to stay with me here in india. He has a valid driving liscence, valid bank accounts, SSN, permanent residency(of his daughters) in US. </div></BLOCKQUOTE> GC is granted so a person may legaly live in the USA. And that's also the condition to keep the residency: to live in the USA. Visiting once a year can be done with tourist visa.
Now, there are circumstences when PR may be absent from the USA for a prolonged time, but that has to be temporary in nature; 5 years is little bit long for whatever the reason is (visits to the USA do not count as it appears that your dad has never realy settled in the USA and is only visiting once a year).

My point is, if he continues to live like that, his GC may be in jeoperdy.

It is good that he has kept DL, bank account... I hope he also files USA taxes.

[federale86]

Yes, it is a problem. Your father has abandoned his residency, regardless of bank accounts, drivers licenses, etc. A legal permanent resident must reside in the U.S. and not visit. Visitors get visitor visas, not green cards. Seems you and your father should switch positions. You are a visitor who wants to live here and your father is a visitor who lives in India.