Is it possible for my mother to travel on B2 with pending I 130?

[chrissbe17 3]

Goodnight. It's been a while since I have posted. I was naturalized in 2018. I just filed the I 130 for my mother in November. We will be doing Consular processing in our home country of Trinidad. She is not ready to immigrate right now (still working, owns her home, has bank accounts etc) and we know the process is currently taking up to 2 years. My mother has had a B2 visa for many years and travels back and forth for 1-2 week periods about 1-2x a year. She would like to visit next year during the summer for a short trip with my sister and her children. If the I 130 is pending still at that time, which we imagine will be the case, can she still travel on her B2? I have read different things but what I understand is that she needs to show CBP that she does not intend to immigrate on that visit. We do not plan to adjust status while she is here as she still has many responsibilities at home which she can show proof of. Has anyone traveled with B2 with pending I 130? Anything I should be aware of?

Thanks for any insight and responses. 

[nastra30 1,984]

17 minutes ago, chrissbe17 said:

Goodnight. It's been a while since I have posted. I was naturalized in 2018. I just filed the I 130 for my mother in November. We will be doing Consular processing in our home country of Trinidad. She is not ready to immigrate right now (still working, owns her home, has bank accounts etc) and we know the process is currently taking up to 2 years. My mother has had a B2 visa for many years and travels back and forth for 1-2 week periods about 1-2x a year. She would like to visit next year during the summer for a short trip with my sister and her children. If the I 130 is pending still at that time, which we imagine will be the case, can she still travel on her B2? I have read different things but what I understand is that she needs to show CBP that she does not intend to immigrate on that visit. We do not plan to adjust status while she is here as she still has many responsibilities at home which she can show proof of. Has anyone traveled with B2 with pending I 130? Anything I should be aware of?

Thanks for any insight and responses. 

People have traveled on B2 with a pending a I-130 petition; it's actually not uncommon. Yes, she can absolutely still travel on her B-2; she just has to be truthful with IO at POE, and she shouldn't volunteer any info if they haven't asked for it.

[ariendj 39]

I don't think it will be an issue since she has travelled multiple times in the past and haven't over stayed her visit.

Also having a return ticket will help.

 

It looks like we have similar times lines from naturalization to filing the I-130 for parents and also having plans to bring parents for a visit before the I-130 approval.

[chrissbe17 3]

1 hour ago, ariendj said:

I don't think it will be an issue since she has travelled multiple times in the past and haven't over stayed her visit.

Also having a return ticket will help.

 

It looks like we have similar times lines from naturalization to filing the I-130 for parents and also having plans to bring parents for a visit before the I-130 approval.

Thank you! She is nervous about trying so want to be sure she does what is best and least stressful for her. She will definitely have a return ticket. Yes it does sound like we have similar timeliness- good luck with your journey!

[Shaun123 0]

Great question am in the exact same position as your mother. I have read things about immigrant intent.

But I think the difference is if she's accustom coming and going and had a visitors visa before.

My 10y B1B2 is expiring not even sure if should even both renewing as I received my welcome letter already. But it could still be alot more time aswell.

 

Edited February 9, 2022 by Shaun123