Parents wants to visit US on B1/B2 while green card is in process in home country.

Asked over 1 year ago - Los Angeles, CA

I am US citizen. I have applied for my parents green card in home country. While they await for their green card to process. Can they travel to US on B1/ B2 visa.

Attorney answers (3)

  1. Irene Vaisman

    Contributor Level 20


    Lawyers agree

    Answered . they should not - intent is a big issue, CBP officer has the right to turn them away in the airport once they see that there is consular processing in place

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  2. Heather Louise Garvock


    Contributor Level 13


    Lawyers agree

    Answered . Attorney Vaisman is absolutely correct. With the pending I-130, it is unlikely a B1/B2 will be issued. If they already have a B1/B2 in hand or the consulate issues a new one, CBP can deny them entry when they present at the border/airport and be returned to their home country. It is better for you to visit them.

  3. Dean P Murray

    Contributor Level 18


    Lawyers agree

    Answered . It would be a waste of air fare. CBP (Customs & Border Protection) will not admit them if consulate processing of an I-130 is pending. Admission on a B-2 visa by CBP is contingent upon the foreign national proving that he does NOT intend to immigrate to (and remain in) the United States. Under U.S. immigration law, CBP cannot admit a foreign national if there is immigrant intent. If you parents attempt to visit you, it will not be a pleasant experience for them.

    If you have additional questions, you can always contact an immigration lawyer, whether myself or one of my colleagues. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more

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