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Tourist Visa while i130 is Pending_(Petition for Bro, by USC)

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  • Tourist Visa while i130 is Pending_(Petition for Bro, by USC)

    Hello,

    I am a 40 year old Indian male. My sister is a US citizen. Next month she is going to file Form I-130 (Green Card Petition for Alien Relative) on my behalf.

    Since a brother belongs to the 4th(lowest) Family-Based Preference categories, it will probably be 10 years before there will be a Immigrant visa number available for me.

    My question is while I am waiting for these 10 years, if I apply for a non-immigrant visa like
    a tourist visa, will the I-130 application create a problem in getting the tourist visa.

    I have read in some immigration books that the pending i130 can create problems with a tourist
    visa application, as the pending i130 is an intent to immigrate.

    But if I am genuinely going for a short trip, and prove my intent is not immigrate with the
    tourist visa, why should the I-130 application create a problem in getting the tourist visa.

    After all it seems logical that I would like to meet my sister by making a few short trips,
    during those 10 years, while the i130 is pending.

    And in any case, anyone who has a pending i130 application, and abuses/overstays their tourist
    visa will jeopardize the success of their i130, so this should be an automatic abuse prevention
    mechanism.

    I should also add, that I have stayed for almost 10 years in the US, and came back to India voluntarily in early 2009. I had gone there on a student visa to attend college, and then got an H1 visa and worked there. So my stay should be considered as a good track record in the US, since I abided by the US visa norms, and maintained legal status till I came back to India.

    So what do you guys think, about my chances of getting a tourist visa, while my i130 is pending?

    Regards---JH

  • #2
    I'd say quite good so long as you qualify for the visa. Just make sure you have with you proof of ties to India at the interview and on arrival here. A return ticket is a must.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

    Comment


    • #3
      Unfortunately, the abuse prevention mechanism doesn't work so well. Many still enter on tourist visas and remain in the hopes they will be able to adjust their status. For that reason, a pending petition can cause problems and you will likely be seen as an overstay risk. You will need to go the extra mile to prove your intent to return to your home country.

      Evidence such current and ongoing lease/mortgage documents, proof of employment and any other personal and financial commitments will be helpful. If the visa is approved, you should carry this documentation in your hand luggage ready to present upon arrival, as ultimately, it's up to CBP to decide whether or not you're allowed in.

      Good luck
      **************************************
      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

      Comment


      • #4
        The Department of State does not issue non-immigrant visas to those who have IV/I130s on file.

        Comment


        • #5
          Thanks Brit4064!

          Comment


          • #6
            Thanks Aroha, that is a good idea to carry
            the documents to the port of entry.

            I attended Ohio State Univ, and when I entered the US the first time on an F1 visa, via Chicago airport, one of the immigration officials actually greeted me by saying: Go Buckeyes

            But entering on a tourist visa, will make them understandably more cautious.



            Originally posted by Aroha:
            Unfortunately, the abuse prevention mechanism doesn't work so well. Many still enter on tourist visas and remain in the hopes they will be able to adjust their status. For that reason, a pending petition can cause problems and you will likely be seen as an overstay risk. You will need to go the extra mile to prove your intent to return to your home country.

            Evidence such current and ongoing lease/mortgage documents, proof of employment and any other personal and financial commitments will be helpful. If the visa is approved, you should carry this documentation in your hand luggage ready to present upon arrival, as ultimately, it's up to CBP to decide whether or not you're allowed in.

            Good luck

            Comment


            • #7
              The Department of State does not issue non-immigrant visas to those who have IV/I130s on file.
              Not true all the times -- It depends how strong financial and social ties you have in your home country. It is not the law but consular officer can make best determinaton.

              Comment


              • #8
                In my opinion you should have no problem in getting a visitor's visa provided you have not overstayed or violated any immigration laws in the past. Do say yes in the coloum where it is asked, "Has any one ever filed an immigrant petition on your behalf?" Do not tell lies. I also suggest that do not say anything not asked by the consular officer in the interview. Be brief and to the point. An other good idea is to apply for the visa before your sister files a petition for you.

                Comment


                • #9
                  what type of visa you are holding...and for how long....?
                  How your sister arrived in the United States...?

                  Comment


                  • #10
                    It all depends upon the consulr officer, who ever take care of your case at the time of your interview...
                    I think you have learned a lot on this webpage, and I think you do have some thing in your mind how you can get faster in to the U.S.
                    you should wait in line untill your visa number is available for you...
                    It all depend on Consular Officer, to look into your case at the time of your application for visitor visa, it should not be a problem...
                    You have not answered the question how your sister arrived in U.S....?

                    Comment


                    • #11
                      just go and try your luck, my sister filed for me in 2007 and my visa eexpired in feb of this year and i went to renew it and it was renewed for another 10 year, you just need to prove that you are not gonna run off and not go back to your country

                      Comment


                      • #12
                        have read in some immigration books that the pending i130 can create problems with a tourist
                        visa application, as the pending i130 is an intent to immigrate.

                        But if I am genuinely going for a short trip, and prove my intent is not immigrate with the
                        tourist visa, why should the I-130 application create a problem in getting the tourist visa.
                        Dear OP:

                        The answer is in your post here. Lets analyse your leagl situation with a different angle. Lets ay I am a USC and I have a problem with one of my brother who deos not like me. Now, that brother also wants to come to America in near future. But I do not want him to come. As you are aware to file I-130, you do not need your brother signatures or even approval. You file his I-130 and you get a receipt. Now, is it logical that he shall not be able to get an NIV for another ten years. None of his fault. So, the consular officer knows that I-130 has no affect whatsoever on your NIV. Not even a zero affect. You did not sign any thing, did you.

                        Afetr approval of I-130, when you submit either I-485 or other immigration documents by yourself, than it makes an immigrant intent. not now. Kabeesh.

                        I was informed by a lawyer that you can always argue that you do not know your long term intent, can not predict what will happen in next ten years, who lives, who does not, for short trem, say six months, I am sure I will return and boom a visa stamp in your passport by consular officer. Your coming back legally after 8 yeras looks very very good on your record. Your visa is 110% guaranteed, if already not issued.
                        Mr. S MALI AOS marriage to usc 1/02 divorce usc 7/04 i-751 aprv 9/04 remarry 3/06 n-400 10/06 wife enter on f-1 5/07 nta 5/07 751 waiver 6/07 removal terminated 11/07 2nd n-400 12/07 gc revoked 1/08 natz interv 8/08 natz denied 9/08 n-336 denied 10/0

                        Comment



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