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Travel to the USA, while waiting for the i-130

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  • Travel to the USA, while waiting for the i-130

    I ama us citizen, and I am about to apply i-130 for my parents in the United States.

    My parents schedule to come USA this Oct., if I mail out the application of i-130 this May, I asume that in OCT., the i-130 might be still processing. I just wonder can they still come to USA this Oct, while waiting for the i-130 approval. Will they are going to be rejected when they arrive the airport Customs, once the customs find out that they are applying for the i-130?
    My parents have a valid 5 years travel visa, and they come form Taiwan.

    Anyone has similiar situation, please inputs, thanks

  • #2
    If they are asked , they should convince the officer that their current visit is temporary.
    They are here for 1-2 months ( show closed return ticket) . And an I-130 takes about a year till the consular processing, so they have to return.

    Advice;
    To avoid that; You can also file their I-130, after they arrive here in Oct. ?( recommended
    2 months after they arrive in US on a B2 status).
    Also file AOS ( I-485) with it and they can adjust status in 5-6 months in the US without having to go back.

    Comment


    • #3
      Can an I-485 be filed with the I-130 for people over 21 as relative not spouses?

      Comment


      • #4
        stanislas77

        I-485 can only be filed if your visa number is immediately available.
        For immediate relatives ( spouses, parents of USCs) , there is no wait for visa number,
        so I -485 can always be filed with I-130.
        Other family categories, I-485 can only be filed if you have received intimation that your visa number is available.

        Comment


        • #5
          I think they can come and visit the US based on their Non-immigrant B1/B2 visa or similar. As long as their status has not changed from non-immigrant visa to immigrant visa then they will be able to visit you in the US. Take that example, suppose a non-immigrant engineer is working in the US based on H1B visa and his employer has filed I-140 along with I-485 simultaneously, does the engineer in question need to leave the country until his status is adjusted? Simply the answer is no, that what happened with me and others like me. The time they granted me the immigration visa they cancelled my H1B though it was current, the stamp they used "Cancelled without Prejudice), why because at then I just moved to another status. The same apply on your parents they are now on B1/B2 and once they get the Immigration visa/Adjustment of status then their non-immigrant B1/B2 will be cancelled and become void. Let them come...enjoy their stay.

          Comment


          • #6
            Originally posted by osweiti50 View Post
            I think they can come and visit the US based on their Non-immigrant B1/B2 visa or similar. As long as their status has not changed from non-immigrant visa to immigrant visa then they will be able to visit you in the US. Take that example, suppose a non-immigrant engineer is working in the US based on H1B visa and his employer has filed I-140 along with I-485 simultaneously, does the engineer in question need to leave the country until his status is adjusted? Simply the answer is no, that what happened with me and others like me. The time they granted me the immigration visa they cancelled my H1B though it was current, the stamp they used "Cancelled without Prejudice), why because at then I just moved to another status. The same apply on your parents they are now on B1/B2 and once they get the Immigration visa/Adjustment of status then their non-immigrant B1/B2 will be cancelled and become void. Let them come...enjoy their stay.
            Thanks, it does make sense.

            Comment


            • #7
              Travel to the US while waiting for green card approval

              Hi,

              I am married to US citizen and I am a Danish citizen, we have already applied for my green card about 3 month back.
              I am currently in Denmark and I would like to visit my husband for the Christmas holidays. Does anyone know if I am
              allowed to travel into the US while my green card is pending?

              Any advice would be highly appriciated

              Thanks

              Comment


              • #8
                Originally posted by osweiti50 View Post
                I think they can come and visit the US based on their Non-immigrant B1/B2 visa or similar. As long as their status has not changed from non-immigrant visa to immigrant visa then they will be able to visit you in the US. Take that example, suppose a non-immigrant engineer is working in the US based on H1B visa and his employer has filed I-140 along with I-485 simultaneously, does the engineer in question need to leave the country until his status is adjusted? Simply the answer is no, that what happened with me and others like me. The time they granted me the immigration visa they cancelled my H1B though it was current, the stamp they used "Cancelled without Prejudice), why because at then I just moved to another status. The same apply on your parents they are now on B1/B2 and once they get the Immigration visa/Adjustment of status then their non-immigrant B1/B2 will be cancelled and become void. Let them come...enjoy their stay.
                Well, this make sense but it's quite not right.
                The H1B is a dual intent visa the B1/B2 is not.

                This mean that H1B allow you to seek for the permanent residency.
                That's why the IOs at the airports ask a lot of questions if you are traveling with B1/B2 visa and they think you have intentions to stay, they may deny your entry to the country if they confirm you are planning to stay to apply for AOS.
                Last edited by trs80; 09-10-2013, 06:35 PM.

                Comment


                • #9
                  can I-130 applicant apply for student visa

                  Hello Everyone,
                  My parents live in USA and applied I130 application for me. Its already 6 years goon but still I am waiting for result. At the moment I am in UK and want to visit or study in USA.
                  My question is
                  Can i apply as student or visit visa while my I-130 is processing.
                  Or do I have any option to go USA while I-130 processing.
                  Thanks in Advance
                  Blaise

                  Comment


                  • #10
                    Did you find answers here?

                    Originally posted by Kathrine View Post
                    Hi,

                    I am married to US citizen and I am a Danish citizen, we have already applied for my green card about 3 month back.
                    I am currently in Denmark and I would like to visit my husband for the Christmas holidays. Does anyone know if I am
                    allowed to travel into the US while my green card is pending?

                    Any advice would be highly appriciated

                    Thanks

                    I was just curious if you found answers to your question. I also wanted to visit my husband in the US this coming FEB using my B1/B2 non-immigrant visa and fearing that i might get denied in port of entry.

                    Comment

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