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

Irvine, CA |
Filed under: Immigration

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. 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 be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


  2. 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 are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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