Applying for B1/B2 visa alongside a I-130 petition

[froggy1996 0]

Hi All,

 

My father is a permanent resident of over 10 years and he wants to submit an immigrant petition for me using form I-130. This would be filed under the unmarried son/daughter over 21 category that can obtain a visa via their immigrant parent. We would then file a DS-260 if successful so I can get a green card.

 

I currently hold a 10 year B1/B2 visa rather than a waiver due to a decades old arrest that amounted to nothing. This runs out in a few months so I will need to renew it to travel. The petition/residency will take a long time so I won’t be able to wait for that to be finalised.

 

My question is, will applying for the B1/B2 alongside an outstanding petition have any impact on it being approved? If I do get the B1/B2 visa, might I face issues when entering the USA with the petition outstanding? Finally, would the DS-260 application cause further issues (such as denied entry) until it’s been finalised?

My dad faced similar issues when he was getting married to a US citizen so I wanted to check if I may encounter the same restrictions.

 

Thanks for the help!

 

froggy

Edited March 29 by froggy1996

[Boiler 45,657]

If the Consulate give you a visa and assuming we are talking about regular visits then the PoE are unlikely to give you trouble.

[Dashinka 24,587]

I would not worry about the DS260 as you are looking at 9+ years before you will need to fill that out.  If you get a renewed B2 you should be fine unless you give CBP reason to believe you will overstay when you attempt to enter.

 

Good Luck!