Can a Foreign national who has a valid US visitor's visa (B-2), visit USA while his immigration is under processing at NVC?

Asked almost 3 years ago - Irvine, CA

My US citizen parent filed an I-130 petition in the US consulate which was approved in 1994 while I was a minor. No further action was taken.
In 2010 applied at same US embassy and was granted a visitors visa valid for 5 years.
Made a trip to USA for 1 month in 2010.
On return got a letter from the National Visa Center saying my immigration application has been forwarded by the embassy to them and that a Visa number is available.
I will not be ready to emigrate for another 2 to 3 years and more over my parent needs to reestablish US residency before that.
I want to make a short trip to usa in summer of 2012

Attorney answers (2)

  1. J Charles Ferrari

    Contributor Level 20

    Answered . You will need to prove to the satisfaction of the officer at the port of entry that you will return to your country.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts... more
  2. C. C. Abbott

    Contributor Level 20

    Answered . The existance of an immigration visa based on a current I-130 is not a bar on being able to enter the US as a visitor. It can be examined by the offier at the port of entry and you will have to provide evidence that your intent is to enter on a temporary basis and return to your homeland after the visit. Providing such thinsg as a return plane ticket, proof of work in homeland, obligations as a parent, property ownership, etc... will further your likelihood to be permitted entry. In reality it is no different then anyone else entering as a B-2, the only difference is the level of proof the agent may require may be greater. Good luck.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to... more

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