I-130 - Can Brother visit US while waiting?

[lolie 0]

I have been reading up on the I130 process. My husband (now a citizen) is filing an I-130 for his brother who lives in Turkey. We understand that it will take 10+ years (priority date of 4/15/98 currently) for him to receive a visa. In the meantime will he be able to go to the consulate in Turkey and apply for a tourist visa and have a chance of being approved? Or, will they simply deny him once they see his answer to #36 on the DS-156 that someone has filed for an immigrant visa on his behalf? Anyone have info or experience they can share? Thanks!

[Mononoke28 135]

He can try but chances are he will be denied due to his pending immigrant visa application. But then again the CO may be in a good mood that day and approve him. It's a coin toss really.

Diana

[lolie 0]

Thanks Mononoke! That is what I was afraid of when I saw that question on the tourist visa app. Anyone else have any experiences to share?

[aaron2020 11,651]

Does your brother-in-law have ties to Turkey; a job, wife, children, property, etc.? If he only has his parents and siblings, and no job and no property, then there is high probability that the CO will deem him to be a potential immigrant and reject his tourist visa application.

The case is very facts specific.

[lolie 0]

Thanks Aaron.

He has ties - job, property etc. Regardless, I am not interested in speculating if he can get a tourist visa based on these things as I already know that it is up to the CO.

I am wondering if anyone knows of any regulation that would preclude him from getting one while his I-130 is under consideration?

[aaron2020 11,651]

Thanks Aaron.

He has ties - job, property etc. Regardless, I am not interested in speculating if he can get a tourist visa based on these things as I already know that it is up to the CO.

I am wondering if anyone knows of any regulation that would preclude him from getting one while his I-130 is under consideration?

There is no regulation prohibiting someone with an immigration petition from receiving a tourist visa. If you search through the threads here, you will find people with immigration petition pending who are in the US on tourist visas, student visas, and work visas.

[Cino 5]

Consulate doesn't care too much if he has applied for another visa & waiting.

Everything depends on his ties with Turkey, family, education, property etc.....

I give 50/50 chance.

Btw, I-130 for brother takes 8 years +. Another point is that if he ever gets non-immigrant tourist visa & enters the

country, he has to leave before his I-94 expires, otherwise his immigrant visa in the future will be definitely in jeopardy.

HERE IS MY TIMELINE :

I-130 mailed 01/13/09

I-130 received by USCIS 01/16/09

NOA1 Mail for I-130 received 01/22/09

I-485 Package mailed 02/17/09

I-485 Package received by USCIS 02/20/09

NOA1 Mail for I-485 & I-765 received 02/26/09

NOA2 e-mail for I-130 Approval 03/03/09 (47 Days)

NOA2 Hard Copy of I-130 Approval received 03/07/09

Biometrics Done 03/24/09

STILL CAN'T SEE ON-LINE STATUS FOR AOS & EAD !.....

NOTE : I DID NOT APPLY FOR I-131 (AP).

Edited April 1, 2009 by Cino