I have a residence visa in UAE (Iraqi citizen) would like to get a visit visa to the US to see my sister and parents , but i have an application in the USCIS for I-130 (initial review) ,my question is shall I mention this in the visa application , did this will effect getting the visa or not ?
Criminal Defense Attorney
Absolutely it would, as it shows a preconceived dual immigration intent.
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The visa application does ask that question, so you should answer it truthfully. It may affect your application for a visitor's visa, depending on when the immigrant visa is likely to be available.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
You must disclose the pending visa petition when applying for a visitor's visa. The application specifically asks about pending immigrant visa petitions and you must be truthful. Your failure to disclose the pending immigrant visa will likely lead to a denial of the visa application as well as a permanent bar to admission for willful misrepresentation. The fact that you have an immigrant visa petition pending could impact whether you get a visitor's visa depending upon when the visa will likely be available and other factors like your ties to your country of residence/citizenship, prior immigration history, purpose of trip, length of trip, etc.
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Yes, having an I-130 on file makes you ineligible for a visitor visa to the U.S. The reason is that in order to be eligible for a visitor visa, you must demonstrate that you only intend to visit the U.S. temporarily and you will return to your country. Having an I-130 on file shows that you desire to move to the U.S. permanently. That prevents you from showing that you only intend to visit.
My response to your question is for informational purposes only, and is not legal advice, nor does it create an attorney-client relationship.
Actually, we have done this a number of times. You have to disclose the Immigrant Visa in process, and give an itinerary, return ticket, etc. to demonstrate that you will return back to your home country in order to continue with consular visa processing of the immigrant visa. There is a specific Foreign Affairs Manual note on point and so far we have not had anyone turned away when they were properly prepared.