Hello, I need to find out if my family can come on a tourist visa to see me if I am out of status.

Asked 6 months ago - Honolulu, HI

Since I did not register for classes this Fall semester I became an F1 out of status . In September I submitted the I-130 and I-485 application and we are currently waiting for our interview.
My family wants to come visit me for Christmas and I am just wondering if they will have any problems getting into the country due to my status. My parents have a tourist visa, it's just my other immediate relatives that needs to get one. I am worried they will be denied. When they go for the interview at the embassy will they be questioned about my status? My family does now know I am out of status.

I appreciate your time
Kind regards

Additional information

Would the Consulate know my case if they are not presented with the SEVIS number based solely on my name?

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Very doubtful.

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response... more
  2. Katherine R. Mazaheri

    Pro

    Contributor Level 10
    Best Answer
    chosen by asker

    Answered . While you are out of status, once you file for adjustment and the application is pending you are considered to be in authorized stay. Your status should not affect whether your parents are given visitor visas. They can come to the United States as tourists for any reason, not just to see you. The visa could be denied if the visa officer believes they will stay in the United States or are coming here for for reasons other than to visit. They should be truthful and not lie as that could be considered fraud. So long as your relatives can demonstrate their intent to return to their country and demonstrate they have property, employment, accounts, or some other material reason to return they should receive a B-2 visitor visa.

    This answer should not prevent you from speaking to a lawyer and disclosing all facts about your case.... more
  3. Karen-Lee Pollak

    Contributor Level 19

    2

    Lawyers agree

    Answered . It is possible their visas will be denied as the application asks if other family members live in the USA and the Consulate officer may ask about your status.

  4. John Robert Egan

    Pro

    Contributor Level 11

    Answered . Let me re-phrase your question: I am in the U.S. illegally after breaking the U.S. immigration laws. I now want the U.S. government's immigration agencies to allow my family to enter the U.S. to join me. Any problem with that?
    Yes, there is a problem with that. Your violation may very well impact the immigration authorities' judgment of your family's intentions. Now and in the future. I suggest that you get your status straightened out before you wreck your whole family's immigration prospects.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,842 answers this week

2,839 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary