Hello,i am a married daughter of a US citizen and my father applied for me and my family the I-130 form since may 2006 and as the bulletin shows that our turn may come available in like 5 months,anyways my son is 20 years old and we wanted him to apply for the visitor visa as he can leave before us and start doing the papers there,is that a good idea ? Will they give him the visa ? Thank u.
The purpose of a B visa is for a short term visitor. Someone who is granted it must have “non-immigrant intent.” It is unlikely that he would receive one with a pending I-130, so it could be a waste of time and money to apply. If he was approved for the visitor visa, he could be deemed to have received the visitor visa fraudulently, because clearly, his intent is to immigrate.
B1/B2 visa applicetions are non-immigrant visas and require a non-immigrant intent for visa application and at time of each request for admission in the visitor visa. The duration to visit must be less than 6 months, to come and leave with round trip airfare and desire to leave, not desire to stay. There are issues of material misrepresentation with the proposed visa application and/or with request for admission if all issues are not clearly and truthfully presented at the consulate. Discuss specifically with an immigration attorney the consequence of suspected material
No the chances of getting a visitor visa with a pending I130 are limited given the issue of contradictory intent. Consult with an attorney for further guidance.
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