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ahkhan99

Travelling on visitor visa while immigrant visa pending

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Hi,

Any one traveled on a B1/B2 visitor visa to the US while there is a pending immigrant visa application? Does it cause any issues with the immigrant visa application? I don't think technically it is illegal. I just want to know if anyone has every done that and what his/her experience was.

Kindly please let me know.

Thanks.

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If the B1/B2 visa was issued before immigration application, there isn't any harm. It is difficult to get a visit visa when an immigration process is open; however if the consular approves a. Is it visa with this information and if the applicant leaves the country on time without trying for an adjustment, I am not sure if that is considered as foul play.

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Hi,

Any one traveled on a B1/B2 visitor visa to the US while there is a pending immigrant visa application? Does it cause any issues with the immigrant visa application? I don't think technically it is illegal. I just want to know if anyone has every done that and what his/her experience was.

Kindly please let me know.

Thanks.

There is nothing illegal about using a visitor visa while there is a pending immigration visa application. It is perfectly legal for you to use the visitor visa. Just make sure you do not violate the terms of the visitor visa. If you violate the terms of the visitor visa, you could jeopardize your immigration visa.

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Yes the visitor visa was issued 2-3 years back (5 year multiple). They have been in the US multiple times on visit since the mid 90s. There is no intention of violating any immigration laws. I just wanted to make sure if that was ok to do, since I am not sure if the immigrant vs non-immigrant intent causes any issues at the POE. And I am sure it will be at the discretion of POE agent.

Thanks.

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Yes the visitor visa was issued 2-3 years back (5 year multiple). They have been in the US multiple times on visit since the mid 90s. There is no intention of violating any immigration laws. I just wanted to make sure if that was ok to do, since I am not sure if the immigrant vs non-immigrant intent causes any issues at the POE. And I am sure it will be at the discretion of POE agent.

Thanks.

At the POE, you tell the CBP agent that you have no intention to immigrate to the US until your immigration petition becomes current. For now, you are visiting and intend to return home after a brief trip to the US.

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Hello your question caught my attention, since I wish to file for my B-2 visa while my I-130 is in progress and I cant seem to get an accurate response. I have no idea if it will be granted to me.

Yes, it would be best to contact an attorney and see what he/she says. In my case, my parents already have a B1/B2 visa from a couple years back or so, which is still valid. Their interview is also completed, but my dad's application is lingering in administrative processing, which take who knows how long! Good luck you.

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Lary12, the chance of you not getting a B1/B2 visa is really slim as you have a pending immigration case. I didn't know much about the process when my wife's case was in the loop and I reached to the embassy and what they told me is "one of the primary deciding factor for visit visa is the proof that you will not stay and will come back. As your wife has a pending immigration case, it will be difficult for her to prove otherwise and common sense is the CO may not give her visa". She was duly denied. Not sure what common sense is that but thats how it is. To me this may not make much sense because if you apply for k3 it will be automatically cancelled on approval of IR1/CR1 however if you are s****ed by NVC you can't do anything. Talking to a lawyer may give you a much better picture but don't think they can influence the CO in anyway to grant a visa for you.

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