In theory yes, practically No. The Immigration Officer is going to ask you the purpose of your trip and length of stay. The next question will be, has anybody filed for you Immigration wise. You are under oath and must truthfully answer yes. At that point you are denied entry.
Contact an Immigration Attorney for the review of your I-130 packet and guidance.
You can always come in on your ESTA, while it's still valid, and seek admission as a temporary visitor. Whether CBP at the airport will believe you that you are coming for a temporary period or not is up to the individual inspector and of course, your charm and powers of persuasion, for the pending I-130 will for sure show on the CBP inspector's computer screen as soon you slide your right hand on the scanner.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I would not recommend that you do so. THe law requires that ou be a bona fide nonimmigrant, THe filing of the I-130 make you presumptively an intending immigrant. So no do not go, unless you want to wait for your immigrant visa at the so
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline