Asked over 2 years ago - CaliforniaFlag
Also, I am not a US citizen and i do not live in the US. I have a ten year multiple entry visa (b1-b2), never misused my visa in any way shape or form. I am on my late 20's, my sister in her 30's working as a doctor. Additional question is, will her filing of petition for me affect the B1/B2 visa that i currently possess now? Will i be denied entry by the immigration cause they might think i have plans of overstaying cause of my petition status? I am just worried. (i absolutely have no plans of misusing it and i am scared that it might be revoked)
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Since the I-130 is an immigrant petition and your B is a nonimmigrant, their is a potential intent conflict. However, that being said, an F4 130 can take a decade (plus or minus depending on your country) so entering in a B1/B2 for a legitimate purpose despite having an immigrant petition should not bar your entry, especially if your priority date is years away.
If asked, you should be clear that you are only visiting. If there is any doubt the officer will probably write "No AOS, No COS" and limit the duration of your I-94.
Ricky Malik, Esq.
No there is no conflict between filing an I-130 petition and obtaining a visitor's visa.
The I-130 is not an immigrant visa and you cannot immigrate or have an intention to immigrate until your visa number becomes available.
You can follow the visa number progression and regression on the Department of State visa bulletin website.
It is advisable to contact an immigration lawyer to discuss your case if you are not familiar with the immigration process or otherwise have concerns.
You are welcome to use the link provided if you wish.
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