Can an IR-5 parent visa applicant who is DQ'd travel to the US on a B1/B2 tourist visa while they wait for an interview date? (Ghana)

[Esther123 0]

Backstory:

-My mother-in-law has a B1/B2 tourist visa that she used for a 178-day stay (April to September 2023). It is valid for multiple entries.

 

-She also has been documentarily qualified (DQ'd) for an Immediate Relative/ Parent Visa (IR-5) on 1/2/24.

 

-It is my understanding that the wait time to receive an interview letter (IL) at the U.S. Embassy in Accra, Ghana can be lengthy. (But there is also some evidence that wait times are going down/ less than one year @nene kwaku )

 

Question:

-Would it be advisable for my MIL to travel here on her existing tourist visa and then simply go back when she receives her IL? My inclination here is it's probably not a good idea, but I'm wondering whether others have different thoughts.

 

Reason for question:

-We have some child-care needs that she could help with, and we don't mind paying the extra costs in airfare. But we would not like to jeopardize her IR-5 visa in any way.

 

Thank you!

[Crazy Cat 39,370]

Visiting the US with a valid B2 during the process is fine, but every entry is at the discretion of CBP at the border.  Visiting is legal, but working is not allowed after entering on a B2.  Childcare is working.  Visiting, in itself, would not affect the immigration process.