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I have a question about I-130 Petition for alien relative and visiting USA while waiting for the documents to be finished.

Chicago, IL |

Hello. I have a question.
Can a person who has filed I-130 Petition for alien relative still come to USA to visit while waiting petition to be approved?
My father lives in Chicago and i'd want to visit him this summer as i did last time. My petition for alien relative has been already approved, now im on the line and am waiting for some other documents. We wonder if he can send me an Invitation so i could come and see him for a month or two.
Is is possible and legal? And what may happen to that documentary process if i dont get visa this summer?

thank you very very very much!!!! i did not get the last sentence.. well... If i got it right - i had a visa for 1 year and it is already done.. So i can tell my father to make up a new invitation for me? Hope if i dont get visa for some unexpected circumstances it won't spoil anything connected with petition and green card process? THANK YOU!

Attorney Answers 1


The filing or approval of an I-130 petition without the immediate availability of a visa number does not preclude you from obtaining a visitor's visa.
You can certainly apply for a visitor's visa to visit your father. You do not state if there is a visa available and you have actually applied for consular processing or not.
Good luck.

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