Applying for B1/B2 while waiting for I-130

[polk2233 1]

Filed I-130 for both of my parents in October'24. As of right now, my mom's case says "Your case is taking longer than we previously estimated, but it is within normal processing times" (that is because her initial estimate has passed) and my dad's case says 11 months until decision. They've been visiting me every year on a tourist visa and their visas expire soon. Can they apply for a new B1/B2 while waiting for I-130 decision? I am a bit confused because B1/B2 assumes no immigration intentions?  

[Dashinka 25,944]

Sure they can apply for a renewal of their B2s.  Whether the pending I130's will have an impact is hard to predict.

 

Good Luck!

[Crazy Cat 44,742]

25 minutes ago, polk2233 said:

Filed I-130 for both of my parents in October'24. As of right now, my mom's case says "Your case is taking longer than we previously estimated, but it is within normal processing times" (that is because her initial estimate has passed) and my dad's case says 11 months until decision. They've been visiting me every year on a tourist visa and their visas expire soon. Can they apply for a new B1/B2 while waiting for I-130 decision? I am a bit confused because B1/B2 assumes no immigration intentions?  

I agree with @Dashinka.  Sure they can apply, but the Consulate makes the final decision.  Officer could think they are trying to bypass long wait time for IR-5 visas....or Officer could see they are following legal path and approve.  You just have to roll the dice.  It will have no effect on the IR-5 cases at all.

Edited 12 hours ago by Crazy Cat

[smilingstone 657]

As said, they can apply, but it will look fishy. 

 

They will need to show really strong ties to home country to show they plan to return and wait out the I130 process properly. 

[polk2233 1]

13 minutes ago, smilingstone said:

As said, they can apply, but it will look fishy. 

 

They will need to show really strong ties to home country to show they plan to return and wait out the I130 process properly. 

Thank you for your response but I am a bit unclear as of why this would look fishy. By then they will even be able to demonstrate that they entered and left the US on their current unexpired B2 while waiting for I-130 processing. 

 

Fully understand this is a discretion of the officer, just not sure why this is questionable move given current I-130 processing times. 

[Boiler 47,580]

They have applied to immigrate and now are applying for a visa that requires non immigrant intent

[smilingstone 657]

1 hour ago, polk2233 said:

Thank you for your response but I am a bit unclear as of why this would look fishy. By then they will even be able to demonstrate that they entered and left the US on their current unexpired B2 while waiting for I-130 processing. 

 

Fully understand this is a discretion of the officer, just not sure why this is questionable move given current I-130 processing times. 

 

Because a tourist visa is for people who have 0% immigrant intent, but an active application for an immigrant visa shows 100% immigrant intent... 

 

It's well known to be a risk to travel for tourism while having an active immigration request, be it family, spousal, fiancé, etc. Plenty of people have done it, myself included, and have been successful, but they would be foolish to arrive at CBP without evidence of strong ties to their home country.