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

  1. #1
    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. #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?

  3. #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.

  4. #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.

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

  6. #6
    Member
    Join Date
    Oct 2003
    Location
    East Hampton [Long Island], New York [USA]
    Posts
    812
    As aneri has already answered to your question, but to add something more to it I will say that issuing of non-immigrant visa (B-1/B-2) is permitted despite of pending or approved I-130 petition, but in reality US Consulates issue this visa in this situation VERY rarely....one out thousands cases...and there must be a compelling reason to visit to US like attending some important meetings/ceremony, court proceeding, having medical treatment...etc..

    I don't think a person can EVER satisfy the consular officer about his/her non-immigrant intent to obtain this visa in the wake of a pending/approved I-130 when proving the non-immigrant intent is the most important factor to obtain/issue this visa. Do you know how many people are waiting outside the US to adjust their status despite of approved I-130? Sometimes it's not good too selfish so to say circumvent the procedure for your selfish need.

    Good luck...

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Ben314:
    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? </div></BLOCKQUOTE>

  7. #7
    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

  8. #8
    USCIS does not approve non-immigrant visa applications. The Department of State does that.

  9. #9
    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

  10. #10
    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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