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

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

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

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Attorney answers 4


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. Additionally, it should not prevent you from filing to see if you are eligible. Please seek an attorney for an initial consultation to review all the specific facts of your case.



Thank you so much, appreciate your help. This inquiry is actually for my niece, she is 5 years old. Both of her parents have tourist visas. The problem is that I did not tell my family that I filled for adjustment of status, wanted to surprise them once they got here. On that application for her they listed me as doing an OPT which was supposed to be my initial plan. I am concerned this will be a problem, if the Consulate will ask them about my status.


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.


Very doubtful.

Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


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.

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