Can you get a tourist visa to the US with I-130 pending?

Can you get a tourist visa to the US with I-130 pending?

If you have an I-130 pending or any questions about immigration to the US, call us today at (619) 746-8879

There are cases when people with a US spouse have been denied the opportunity to visit the US with a tourist visa if the border official determines their stay will not be permanent.

It is not uncommon for noncitizens with a pending I-130 (immigrant visa petitions) to want to visit the United States while they wait for it to be approved. However, the US government may believe that you will not return home after that visit, which is why they may deny the tourist visa or entry for you.

When you are applying for a temporary nonimmigrant US visa, your intention counts. You can support your intentions with documentation, such as:

• Still maintaining binding ties to your home country that prove you have intentions to return;
• That you are planning to stay for a short period of time;
• That you can pay for your living expenses during your trip to the US.

The US government wants to know that you will not be using your tourist visa as a way to stay permanently in the country secretly. This could be considered visa fraud and could also permanently destroy your hopes of living in the United States or even visiting.

Noncitizens with pending I-130 petitions who want to visit the US face greater scrutiny when applying for visas, such as B2 at a US embassy or consulate or from Customs and Border Patrol. You could travel all the way to the United States and be turned back.

You can travel on the Visa Waiver Program, VWP

There is a way around this situation through the Visa Waiver Program and travel to the US with a pending I-130 with a B2 visa. Canadians can also cross the border frequently to visit their spouse with no issues. They do not need a waiver.

Nonetheless, sometimes people are denied the opportunity to visit because the officer at the border or consular office determined that there was insufficient evidence that their stay would be only temporary.

If you have traveled to the US before with no incidents, you may have an easier time when you are interviewed or inspected. On the other hand, if you overstayed a visa in the past or got in trouble with the law, you could face difficulty.

However, if you have questions or are worried that you could get denied entry to the US, consult with an immigration attorney in San Diego on proceeding based upon your individual situation.

Contact Kannan Law for more information!