My both parents got 5 years valid visit visa in December. And they never been to USA before . If I apply for their immigration while they are in Pakistan , can they travel on their 5 years non-immigrant visit b1/b2 visa???
There is no rule against it, but the CBP inspector may infer that they do not plan to leave the U.S. if they have an immigrant visa pending.
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.
While they will be allowed to board a US-bound flight with the still valid visitor visas in their passports, once land in the USA, CBP inspectors might see in their database the immigrant petitions filed on their behalf and may think they are coming with the (secret) intention to remain permanently - now that they manifested their immigrant intent with their son/daughter having filed an immigrant petition on their behalf.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and 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.
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