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can one apply non immigrant visa with an approved I-130

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  • can one apply non immigrant visa with an approved I-130

    I am a US citizen, filed I-130 for my mother who is currently not in US, just got I-130 approved. Called NVC, they said it generally takes 9 months for them to finish their process. I wonder if my mother can apply non-immigrant visa so that she can come earlier (I then will file I-485), if the US embassy sees that I already petitioned for her immigrant visa, will they simply reject her non-immigrant visa application?

  • #2
    I am a US citizen, filed I-130 for my mother who is currently not in US, just got I-130 approved. Called NVC, they said it generally takes 9 months for them to finish their process. I wonder if my mother can apply non-immigrant visa so that she can come earlier (I then will file I-485), if the US embassy sees that I already petitioned for her immigrant visa, will they simply reject her non-immigrant visa application?

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    • #3
      Hi Ben and welcome,

      your mother can apply for non-immigrant visa, but there are no guarnatees she will be approved. Even if she is approved and comes to the USA, applying for adjustment of status would be a mistake (entering as tourist while in fact intending to immigrate) and could lead to permanent bar.
      If she applys and is approved, she can come to visit and return to home country for the interview.

      Keep in mind that she'll need to make a strong case that she'll return to home country to get tourist visa and to enter the USA while being in immigration process.

      And, the whole process of petitioning for a parent has been taking about 9 months lately... NVC phase is done relativly quickly; it depends how fast you send the documentation and payments NVC asks for.

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      • #4
        The DOS does not usually provide non-immigrant visas, especially B-1/B-2 to those seeking to immigrate to the United States. You just have to wait for the immigrant visa.

        If she obtains an non-immigrant visa without revealing her I-130, then she could be refused entry by Customs and Border Protection for fraud and being an intending immigrant.

        Any application for adjustment of status could also be denied for fraud, as she entered the US on an non-immigrant visa. Non-immigrant visas are not allowed to be used to enter the US,then apply for adjustment.

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        • #5
          She would declare the I-130 on the application form.

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          • #6
            Thanks for all your opinions and advice. Nevertheless I still want to have a try. I called the NVC, they said such question can only be answered by the USCIS. The only number of the USCIS that I could find is 800-375-5283. I called and was told one can get live-person support between 8am and 6pm Monday to Friday. However, all I got was "if A press B", I was never able to figure out how to get to talk to a person there. Just wonder if any one knows the trick to get the live person on the phone. Thanks.

            Ben

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            • #7
              USCIS does not approve non-immigrant visa applications. The Department of State does that.

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              • #8
                Sorry I did not explain why I want to contact NVC/USCIS. I want to ask them two questions:

                1. Can my mother apply non-immigrant visa with a pending I-130.

                2. If my mother got into US with a non-immigrant visa, and during her stay the immigrant visa becomes available, can she interview in US or does she have to go back to the original country for the interview.

                A lady in NVC said "yes" for the first question but unsure for the second one and suggested that I ask the USCIS.

                Ben

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                • #9
                  She can try, but she could, 1) be denied a non immigrant visa. 2) if she gets one, be denied entry upon arrival. 3) be denied adjustment of status by USCIS based on fraud.

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                  • #10
                    the OP already answered his/her own question....he and his mother have no intention of abiding by the rules of a tourist visa since they plan to adjust her status later("I will file the I-485 later")....and I doubt that either the mother nor this clown will tell that fact to the consular officials....

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                    • #11
                      The best result would her being turned around at the airport. I did that quite frequently. It was great fun.

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                      • #12
                        "No intention of abiding by the rules of a tourist visa?" Funny! We will of course write down that I-130 has already been filed and the only reason we want do this is we want her come earlier, nothing complicated, OK? The NVC has said clearly that one can apply non immigrant visa with I-130 petition. If it's not approved, that's OK, we will just wait for the immigrant visa. But I don't think anyone can say with 100% that they won't approve the non-immigrant visa.

                        Ben

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                        • #13
                          Ben, what we are trying to tell you is this: entering USA as a tourist but having the intent to become immigrant (file I-485 once I-130 is approved) is a misrepresentation at POE, a fraud that can lead to permanent bar. If she tells the truth at POE (to avoid misrepresentation), she'll be denied entry.

                          If your mother gets tourist visa, she can come and visit. A visit means she returns to home country after a while..

                          Non-immigrant visas should not be used to circumvent the wait in immigration process. There may be serious consequences. If your mother puts "to wait in USA for I-130 approval and then adjust status" as a reason for applying for a tourist visa, she will be denied.

                          To immigrate, she needs a proper - immigrant - visa that will be issued by the consulate once the process is completed.

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                          • #14

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                            • #15
                              Thanks. I know from very beginning that the consulate most likely will reject her non-immigrant visa application after they see the "Yes" (I am not going to lie, we definitely will put yes there) for the "has anyone ever petitioned I-130 on your behalf?" question. The only reason I still want to go ahead is that NVC told me that it is OK to apply non immigrant visa even with a pending I-130, and they do not say on the non-immigrant visa application form that with a pending I-130, one should stop applying or will be rejected, I thought if I just explained the fact, there may be a chance they will give her non-immigrant visa. But, I don't want to do it if she has to go back for the interview instead of doing it here in US. Can anyone tell me with certainty (maybe show me document, website, etc.) that under this situation, if she can interview here in US or not? (This is one of the original questions that I can not get answer from the NVC and I somehow can not get a live person to ask from the USCIS.) Thanks.

                              Ben

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