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

  1. #1
    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. #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."

  3. #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

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

  5. #5

  6. #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

  7. #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.

  8. #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.

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

  10. #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....?

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