Home Immigration Lawyer Person visiting Visa with a Pending I-130 Petition

Person visiting Visa with a Pending I-130 Petition

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The method to acquire a family-based inexperienced card could be a lengthy highway. Whereas some eligible relationships could solely take a number of months, different can take years. Naturally, it could be good to go to household unit in the US whereas ready for the immigrant visa. Sadly, it may be tough to acquire a B-1 or B-2 person visiting visa after submitting Kind I-130, Petition for Alien Relative.

It could be tough, but it surely’s not unimaginable to acquire a person visiting visa with a pending I-130 petition. Many individuals with pending immigrant visa petitions have efficiently traveled to the US on a B person visiting visa or by means of the Visa Waiver Program (VWP). In reality, Canadians can sometimes cross the border with ease with a visa or visa waiver. For others, it will likely be essential to show the journey will solely be short-term.

B person visiting visas are typically related to vacationers, however there are a number of causes that one would possibly journey to the US with a B-1 or B-2 visa. Along with pure enterprise journeys, a B-1 person visiting visa could be used for an athlete (beginner or skilled) competing for prize cash or the home worker or nanny touring with a international nationwide employer. Usually, guests with B visas are visiting household unit, touring, or vacationing. However B guests can also be searching for medical therapies within the U.S.

Person visiting Visa Eligibility

To qualify for a person visiting visa, you should initiate that you simply wouldn’t have an “immigrant intent,” a plan to stay the U.S. forever. This can be a primary part of most short-term U.S. visas. The American authorities desires to know that you’ll depart the US earlier than your visa expires.

ds-160-visitor-visa-after-i130

Sadly, the Form I-130, Petition for Alien Relative, filed in your behalf, indicators that you simply intend to stay forever within the U.S. in some unspecified time in the future sooner or later. Consequently, folks with pending immigrant petitions run into extra scrutiny when applying for a short lived person visiting visa.

Apply for a Person visiting Visa with a Pending I-130 Petition

It’s possible you’ll apply for the person visiting (B1/B2) visa. A denied visa doesn’t have an effect on your pending I-130 petition. Nevertheless, it’s important that you simply reply all questions in truth. A lie could affect your capacity to acquire a inexperienced card within the current and a few years into the long run. When applying in your B1/B2 visa, it’s essential so that you can initiate that you simply:

  • plan to remain for less than a short lived time period;
  • have binding ties to your property nation that show that you simply intend to return; and
  • can afford to pay in your bills throughout your U.S. journey.

By presenting as much proof as potential, you’ll be able to efficiently receive a person visiting visa regardless of having a pending I-130 petition.

Paperwork to Put together Person visiting Visa Utility

ds-160-visa-visa-confirmation

Your utility for a B-1 or B-2 person visiting visa will consist of presidency varieties in addition to paperwork that you simply gather your self. The DS-160 nonimmigrant visa utility is the first doc.

Though not the entire objects listed beneath are obligatory, it’s vital that you simply submit sturdy proof to show you propose to return to your property nation. Collect the next objects when assembling your person visiting visa (B-1/B-2) utility:

  • Kind DS-160 nonimmigrant visa utility

    Full the DS-160 utility on-line on the State Department website. Upon completion, print out the affirmation page (pictured above). You might be required to take your affirmation page to your consular interview.

  • MRV price receipt

    The U.S. embassy or consular office what place you apply will present directions on paying for the machine-readable visa (MRV) utility price. Take the MRV price receipt to your consular interview.

  • Passport

    Your passport will need to have an expiration date that’s a minimum of six months later than the top of your meant U.S. journey.

  • Passport picture

    We suggest that you simply use a photographer who’s acquainted with the required specs. See the U.S. State Division’s page on guidance for photo specifications.

  • Proof that your journey is short-term

    If the aim of your journey is an occasion resembling a marriage or vacation, it’s useful to reveal that there’s a definitive finish. Make certain to incorporate proof of your intent to depart the US on the finish of your keep, resembling an airline, bus, or boat ticket residence. If you’re applying for a B-1 enterprise visa, you’ll have to take extra proof. Get hold of a letter out of your international employer that describes your job and the scope of your actions whereas in the US. The letter ought to state clearly that:

    • You can be paid solely from sources exterior the U.S.; and
    • The group expects you to return out of your journey.

     
    Take proof of the occasion you intend to attend. For instance, take promotional supplies, flyers, and proof of registration if you’ll be attending a commerce show or related enterprise occasion.

  • Proof that you’ll return to your property nation

    Display that you’ve sturdy causes to return to your property nation for monetary and family-related causes. The concept is to point out that your ties to your property nation are so compelling that you’d by no means overstay your U.S. visa. Examples of proof that assist show your case embody a house possession doc or long-term lease on an residence, paperwork that show relationships with shut members of the family staying behind (resembling start or marriage certificates), and paperwork displaying {that a} job shall be ready for you upon your return (resembling a specifically written letter out of your employer).

  • Proof of capacity to cowl your bills whereas in the US

    Present proof that you simply gained through a win’t have the necessity to search employment or depend on public help (welfare) for those who journey to the US. Relying in your state of affairs, examples of paperwork that assist show this embody:

    • Financial institution statements and/or private monetary statements displaying you could have ample money to pay your bills throughout the journey.
    • Pay stubs or employer letter that exhibits your present sources of revenue.
    • Form I-134, Affidavit of Support, crammed out and signed by a U.S. buddy or relative. This type exhibits that you’ve sponsorship and won’t grow to be a public cost whereas within the U.S. This isn’t required, but it surely strengthens the applying.
    • A letter from a buddy or member of the family which states that you’re welcome to stick with her or him whereas within the U.S.
  • Proof that you simply met your obligations on any earlier visa

    You probably have beforehand visited the U.S. with a person visiting visa, carry proof (if potential) that you simply departed the US earlier than the visa expired. A clean immigration file is additional proof you could be trusted.

Earlier Immigration Violations

For those who’ve overstayed a beforehand issued visa or had run-ins with regulation enforcement, acquiring a person visiting visa, particularly with a pending immigrant petition, shall be very tough. In reality, visiting from the flawed nation could make your visa more difficult to acquire. Guests from international locations with a excessive fee of visa denials or visa overstays will doubtless run right into a larger problem. Consult with an experienced immigration attorney if these points apply to your state of affairs.

Adjusting Standing

Adjustment of status is the method of applying for the inexperienced card inside the US. Many rapid relations could also be eligible to regulate standing. Nevertheless, intending immigrants ought to keep away from adjusting standing to everlasting resident son after convincing immigration officers that they’ll go away earlier than the B visa expires. This misrepresentation can result in long-term immigration issues. USCIS could view this as a direct violation of the phrases of your visa, deny your Kind I-485, and presumably take into account it a everlasting bar to immigration.

However, it’s potential in your plans to vary throughout the course of your journey. Because the COVID-19 pandemic has demonstrated, life presents weird and difficult circumstances. These occasions could power you to vary you thoughts about returning residence. It’s acceptable to regulate standing for those who initially had a real intent to return residence however modified your plans.

USCIS makes use of a “90-day rule” as a suggestion to determine what is the cost to scrutinize your determination. Beneath the 90-day rule, any of the next actions throughout the first 90 days of getting into the U.S. could also be thought of a visa violation:

  • Accepting unauthorized employment
  • Enrolling in an unauthorized course of examine (and not using a correct scholar visa)
  • Coming into into a wedding with a U.S. citizen or everlasting resident
  • Submitting Kind I-485 to regulate standing to inexperienced card holder

If any of the above conduct happens inside 90 days of getting into the US on a short lived visa (just like the B-1, B-2 or VWP), USCIS presumes that you simply willfully misrepresented your intention for visiting. This might result in a inexperienced card denial. Due to this fact, many attorneys suggest that their shoppers wait a minimum of 90 days earlier than adjusting standing. It’s a cautious approach.

RECOMMENDED: 90-Day Rule and Adjusting Status

About CitizenPath

CitizenPath gives easy, inexpensive, step-by-step steering by means of USCIS immigration purposes. People, attorneys and non-profits use the service on desktop or cell system to arrange immigration varieties precisely, avoiding pricey delays. CitizenPath permits customers to attempt the service at no cost and gives a 100% money-back assure that USCIS will approve the applying or petition. We offer assist for the Petition to Help a Relative Obtain a Green Card (Form I-130), Application to Adjust Status (Form I-485), and several other different USCIS forms.

Notice to Reader: This put up was initially printed on December 20, 2016, and has been modified with enhancements.

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