Obtaining a family-based green card can be lengthy, with some relationships taking months to obtain an immigrant visa. Visiting family in the US while waiting for an immigrant visa can be challenging. Nonimmigrant visas, such as B-1 or B-2 visitor visas, can be obtained with a pending I-130 petition. B-1 visas are typically used for business trips, while B-2 visas are used for family, touring, vacationing, or seeking medical treatments.
Visitor Visa Eligibility
To qualify for a visitor visa, you must show no “immigrant intent” and no intention to stay permanently in the US. However, pending immigrant petitions increase scrutiny and may require additional questioning at the port of entry.
Apply for A Visitor Visa with a Pending I-130 Petition
To apply for a visitor (B1/B2) visa, answer questions truthfully, ensuring temporary stay, return ties, and financial stability. Present evidence of temporary stay, return ties, and ability to cover expenses. Despite a pending I-130 petition, presenting sufficient evidence can help secure a green card.
Documents to Prepare Visitor Visa Application
• Form DS-160 nonimmigrant visa application
• Passport
• Passport photo
• Evidence that your trip is temporary
• Evidence that you will return to your home country
• Proof of ability to cover your expenses while in the United States
• Proof that you met your obligations on any previous visa
Previous Immigration Violations
Obtaining a visitor visa can be challenging for those overstaying or dealing with law enforcement. Visiting from the wrong country, especially from countries with high denial rates, can be more difficult. Consult an experienced immigration attorney.
Adjusting Status to Permanent Resident
Adjustment of status is the process of applying for a green card in the United States, and it is important for intending immigrants to avoid adjusting their status to permanent residents soon after entering the country. Misrepresentation can lead to long-term immigration problems, and USCIS may deny Form I-485 and consider it a permanent bar to immigration. However, it is acceptable to adjust the status if plans change during a trip. The 90-day rule, used in the past, allowed for visa violations in activities within the first 90 days of entering the U.S., such as unauthorized employment, study, marriage, and filing Form I-485 to adjust status. Although the rule has been eliminated, USCIS officers can still investigate further if they believe there was a preconceived intent to adjust status.
Company
Pacific Immigration
VAT: VS123456789
CIF: BL1247890
Address
7707 West Lane Dr., #D 2 Stockton, CA 95210
Get in Touch
(209) 438-2222
pacificvisa@gmail.com