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

Mondovi, WI |

My Petition was approved and now i have to collect the documents and to fill in the Application For Immigrant Visa and Alien Registration Forms DS-230 Part I and Part II. next step is to send all the documents to the national visa center and to wait for the interview. i was told that this process (until the date of interview) will take 3 months or a bit more. Can i come and visit USA while these 3 months of waiting? Is it legal that my father who lives in Chicago and is a citizen of USA would send me an Invitation. I want to go to the Usa for a month in summer, but we don't know what to do.
thank you!

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Attorney answers 1


If an application for an immigrant visa (a "Green Card") has not yet been filed, then the beneficiary of an approved I-130 petition may succeed in getting a B-2 visitor's visa if he/she is able to persuade the immigration authorities that he/she will enter the U.S. temporarily and then return abroad. This may be very challenging and perhaps impossible for a person whose father is a U.S. citizen and who is the beneficiary of an approved I-130.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345
404-320-7000 * 1-877-232-5352 *