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Can I enter the USA to visit my family and stay less than 90 days using my visa waiver esta & knowing my husband filed i130 ?

Orlando, FL |

I want to know if I can be deny entry to the USA if I visit my family for a period of time of 89 days, knowing that my husband has filled I130?
Should I be in contact with a lawyer that I can call from the airport immigration office if they don't want me to enter the country?
If they send me back to France, would this action have an impact on my I 130 ?
Do I need an attorney to get a faster approval regarding my i130 ? Knowing I've been married to a us citizen for 18 years + 2 kids
I've read in the immigration website that it can take up to 5 months
Is there any solution for me to be with my family?
Dont need to work just visit...

Attorney Answers 3

Posted

calling an attorney if they deny you entry at the airport won't help much. an attorney does not get you a faster approval on an I-130, the processing time is based on the workload and 5 months is about right. you have to be patient. you can try to visit but must show you have no intent to stay.

Please be advised this answer is for informational purposes only and no attorney-client relationship has been formed. You should also see a local attorney for legal advise before acting on any of the statements given to you online as there may be aspects of your case that are not obvious by the question asked online.

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Asker

Posted

How can I convince the autority that I ve no intention to stay longer than 90 days ? I don't work and my family lives in the USA ? Should I travel with my american husband and say I just come to visit my family? Which is the truth! but would they believe me? I don't want to stay more than 90 days until I can enter the country with my I130 approuved I will have my return ticket on hand

Posted

Just because you have a pending I-130 does not mean that you cannot visit the United States. However, the burden is on you to establish that you are a bona fide visitor and intend to depart the United States at the end of your authorized stay. Further, during the inspection process (primary and if necessary, secondary) you are not entitled to be represented by counsel so an attorney will not be able to help you if you run into problems. The key is to be prepared in advance for any issues which may arise. An attorney can help you prepare for those in advance.

Seeing as you have immediate family in the U.S. already you should approach this very carefully. Consult with an experienced immigration attorney for case specific advice.

While written by an attorney who is a Florida Bar Certified Specialist in Immigration and Nationality Law, the statements herein should not be construed as legal advice. No attorney/client relationship has been created without a formal consultation with the attorney and the attorney has agreed to accept your case.

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Posted

You will have to convince the officer at the port of entry that you do not intend to stay in the US. That will be difficult if you have a pending I-130, and family in the US. It will be particularly difficult if your husband is in the US.

Having an attorney will not speed up your I-130, nor will it help at the port of entry.

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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2 comments

Asker

Posted

I think my husband has filed for a K3 visa for me. Could I enter the USA with this K3 visa even if I dont have a response from I130?

Asker

Posted

How do they know if I've a pending I130 when I arrive at the airport? How can I proove I just want to visit my family ? This is true, I don't want to be outlaw!

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