Tourist entries with a pending I-130?
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- เผยแพร่เมื่อ 8 ก.ค. 2023
- This video explains why some people have trouble traveling with a tourist visa when they have a pending I-130 family petition. If you need assistance with an immigration matter you should schedule a consultation with me. Call or text my office to learn more.
You can schedule a consultation with me, Pouyan Darian, Esq., by calling (914) 885-3961 or by booking online using this link: www.darianlaw.com/schedule-a-.... You can also email us at contact@darianlaw.com. Consultations are available by video, telephone, or in-person, and I represent clients throughout the entire United States.
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Pouyan, God blessed you and I’m so thrilled to see this channel of yours thrive. Sending you my regards.
Questions: what if someone has an I-130 from a US citizen spouse and also a tourist visa. Are there any protections to that person if CBP gives them a hard time entering such as expedited removal and try to bar them for 5 years?
Hi Piero it's great to hear from you. There are no automatic protections. If CBP believes you are violating the terms of the tourist visa then they can cancel the visa and deny entry.
Thanks for the response
I do believe every word u said
@Pouyan Thanks so much for making this video, I found them really helpful. I have a question for you today.
I am a US citizen, and would like to apply for a Green Card for my mother. I got the first step of the process (I-130, Petition for Alien Relative) approved. She is currently visiting me on a tourist visa, and it has been a month since she got here. Can I apply for an adjustment of status (I-485) application for her? Or does my mother have to travel back home to go through consular processing to immigrate to the United States?
Good afternoon. I found your videos to be very informative. My question is our son filed for both of us in July but got different priority dates. Could you enlighten us on same. Further, he received a receipt for his dad’s payment but not mine. He only got the electronic receipt for mine.
Excellent video! I just became a Canadian citizen and want to visit my parents in USA. I have pending petition filed by my mom. I have a good job in IT in Canada which I can show as proof for ties. How difficult would it be to cross the immigration. Would it make any difference if I cross border via land ?
So informative video,i would like to know how many years is it gonna take for a F4 visa for siblings to be current,especially people from Africa???
I just quick question Given that Ireland has an ESTA, we got married there, and the interview is scheduled in Ireland, with no plans to relocate to California, as an American citizen, can we travel to the United States for family reasons while waiting for the I-130 petition, considering we often return to Ireland? Keep in mind I have residency in Ireland with my spouse and we’re going to 5 years . But the I130 was submitted April 2023
If on your DS 160 form you indicated you dont have US citizen but you had an ongoing 1-130 application. However during all your US visit you have never over stayed or stayed in the US. Now you have your family based interview , what should you do ? Do you need to complete any waivers ? Please i need answers
I am an Indian citizen and currently studying in Canada. My mother has her whole family living in USA and her brother(he is a US citizen) filed a Alien Relative file (I-30 petition) for the four of us(me, my brother, my mother and father) in February, 2009 which is yet to be approved. I have an upcoming semester break in May 2024(4 months- from may to august 2024) and i am planning to go meet my mothers family in USA on a visitor visa. I want to know whether the pending I-30 petition will impede the visitor visa application or not. I will be greatly relived if you could answer my question as soon as possible. Thank you
So my fiancé and I are getting married in Brazil in November. We have have been dating for the last 4 years and have known each other since 2017. She has visited the US on a tourist visa countless times even before we met. Could she visit on a tourist visa while waiting on her I-130. Also, there is no reason for her to overstay, family is well off and she has an architecture firm to run.
hello sir im Turkish and my spouse is a US citizen i went to japan once so my passport is not empty and this january 14th-21th ill going there once again. so what i wanna ask is i have a pending i-130 right now and my visa appointment is right after my japan trip with my husband. We both love to travel and he saw turkey with all beautiful places so he wants me to take to the usa too. id like as well. but im kinda confused and stressed so what is your knowledge opinions? thanks in advance…
@Pouyan, I hope you are doing well. I’ve been looking around all the Internet to get guidance for this particular case that I have.
My mom has become a US citizen since 2017 but due to some mistakes with my name and date of birth my I-130 petition was denied. She did submit DNA result and all but they never reopen the case. It’s been such a long time and now I’m married and all, I lost my 25 year old brother in the USA LAST YEAR, couldn’t make it ( I’m not sure if was going to go anyways) and want to visit his grave this year and I am VERY SKEPTICAL.
I am applying for the b1/b2 while my I-130 case was denied but now I’m extremely stressed and not seeing anyone giving opinion based on that. Any thoughts?
Thank you for this informative video.
My question is that I have a pending I-130 F2 category with already 12 years of waiting. I also have a B1/B2 visa expired (10yrs) and recently renewed for another 10 years. I have been in the US many times as C1D visa and B1/B2 visa. I am Filipino Electrical Engineer in the international ship and during my waiting I have acquired some properties and investments in my home country. I plan to file I-485 together with I-30 and adjust my B1/B2 for me to legally work in the US. I had waited long enough and I think I have my degree and professional experience already. Should I wait for my I-30 any longer or jump to adjust my status but the risk i will be taking will be burden to my pending I-30?
Thank you in advance!
What could be fhe probably consequences if the officer doesn't allows to enter USA with the tourist visa? That's if i ihave an i130 (ir1) petition?
A question, my wife and I submitted the documents , and we are still waiting for approval of I-130i she is pregnant, and I would like to apply for the b2 visa, carnival cruiseline gave me a reference letter too, in case I want to go as a tourist to the USA then as my wife. is pregnant she gives birth in October, I would like to go see the girl born.. the question is will there be a way or a way method that will help me in that case?
Hi Pouyan, I am a US citizen. I applied for an I-130 visa for my husband and his 2 daughters. I am pregnant and due in 3 months. Is it possible to get my husband here on a tourist for a few weeks for our baby's birth. He has to return home to his daughters who we also have petitions for. Do you think it's likely they'd grant him a tourist visa?
Please am documentary curlified since a year now but i haven't been scheduled now in Ghana please what is the problem?
Hi, I'm a US citizen, my brother already has a Tourist visa, I want to request his Green card, so the question is, Can he travel to US to visit us with the I-130 already submitted?
Can I apply for I one I-130 application while my wife is visiting as a tourist?
can my wife from mexico come visit me witha tourist visa .. and then leave? she has a pending i130 we also have a baby born in mexico but he recently became citizen how hard is to get in the us for my wife witha tourist visa
I am from UK and i have married a US citizen. My i 130 is in process. Can i travel to USA with esta?
I have a question, the 130 petition for my dad is pending (it’s says the estimated time until case decision is 5weeks ) my dad still have a tourist visa but he’s outside the USA . Can he come now and fill the I485 without going through the consulate?
If your dad was already in the US then he could file the I-485. The main issue here is fraudulent intent if he enters as a tourist. I've done a few videos about tourists applying for permanent residence and I explain the issues there.
Hello Sir. I am an Active Duty Service Member in US Military and currently deployed. I have a I-130 petition pending for my mother. She has travelled to the US before and has never over stayed and has no intentions to over stay either. Would it be okay for her to visit me, on her B1/B2 visa, in the US once I return from deployment?
Yes, she can visit you if she has a B1/B2 visa.
Hi my spouse visa pending can i visit my spouse for 3 months ?
I have F4 case filed by my brother in 2009 and still awaiting .Firtunately,I got 5 years B2/B2 visa in 2014 to see my siblings in US and I stayed there for 6 months and came back within validity to Pakistan.Can i apply again B1/B2 visa and will convert in H1B work visa in US until my immigration comes?Please advise.
You can apply for another B2. It will not automatically convert to an H1B. You might have to file a "change of status" if the H1B is approved and available while you are in the US as a tourist. Otherwise you must leave the US and come back with your H1B visa.
Hello, do u think the visa bulletin will move in the f2b all chargability anytime soon?
I do not know whether that category is going to improve in the coming year. I think it will change, but I will be surprised if it improves.
My Son in law has a pending I130 thru my daughter who is LPR and got a tourist visa. He arrived in the US he has been given 6 months of stay. can he stay the full 6 months or will it affect his GC petition in the future?
He can stay for the entire duration of stay. CBP will look at the total amount of time you've spent in the US during prior entries when he tries to re-enter because they want to make sure he's not "permanently residing" in the US with a tourist visa.
Hi, can I ask if your son in law get tourist visa while pending I-130 , did he get it on first try and how did you do to get it?
I sponsor my older and have pending I-130, she tried to get tourist visa and failed twice already. We are just not sure if there is chance for her to get pass tourist visa or not. Since she failed two times already. Thank you
My husband is gc holder and it’s been 13 month we applied for i30, on oct 3rd it’s showing case is being actively reviewed by Uscis. What does it mean?Do you have any idea how much time it gonna take to approve my I-30? Can we speed it up? Thank you.
My spouse I-130 is more than 2 years now 😢 and I am GC holder
Hi! In my case, I already have tourist visa way back 2016 and then my mom just petitioned my I-130 a year ago. Can I visit US using my tourist visa while my I-130 is pending?
Please answer this question
Yes you can. There is not any problem about it.
Can a UK national travel to US without visa on ESTA treaty agreement if my parents have filed i-130 petition for me.
I’m kind of in the same boat did you find out anything about this?
Hi no sir i am still confused on this.What about you,did you find if travel on ESTA is possible after I-130 is filed? @@brianbrucker71
I filed family based I-130 for my brother. But unfortunately my brother was dead in march so how about his wife and kids ? I mean can they continue with I already filed I-130 ???? Please can you help me
Unfortunately the spouse and children cannot continue with the I-130 petition.
Can I travel with my existing turist visa while my green card application is pending?
Thank you in advance.
Have you traveled?
Hey my i30 petition is pending as my husbd is us citizen but i want to apply for tourist visa as i am a dentist by profession and i have to give nbde
It's not impossible to get a tourist visa when you have an I-130 pending, but it's probably going to be difficult to show non-immigrant intent.
If i fill the exam form and take it at the time of interview?
can my wife from mexico come visit me witha tourist visa .. and then leave? she has a pending i130 we also have a baby born in mexico but he recently became citizen how hard is to get in the us for my wife witha tourist visa