Travel to US while pending Green Card

[MJ1988]

Hi, 

I filed green card petition (I-130) for my parents last year and it is approved. Now, we have to pay fees at NVC and submit DS-260 to schedule their VISA interview. However, they would like visit us this summer. 

the question I have is - 

is it OK to travel with Green card petition approved?

Also, should we pay fees and complete DS-260 prior to visit, or should we wait for them to travel and go back and then start the VISA process?

any comment/help is appreciated.

 

Thank you, 

MJ

 

 

[JoeF]

Once an I-130 is filed they have demonstrated immigration intent. That's generally incompatible with a visitor visa. If they travel with a visitor visa they risk getting denied entry. They should wait and prepare to move to the US for good once the GC is approved.

[jkr1]

Thanks Joef ! 

With the I-130 and NVC process now taking close to a year even for Immediate relatives. Can the family member not travel for a short term and go back to home country for continue counselor processing ?

[jkr1]

Since I was not able to find adequate responses on this topic. I would like to share my experience for others benefit.

I was under the same dilemma as my mother's I-130 was approved in March and documents submitted to NVC. Did not get document qualified yet and next step would be after that is to actually wait for the interview. Based on my conversation with NVC they will give a minimum of 1 month's notice for an interview date provided that is available.

I wanted to bring my mother to the US for a 6 weeks. I travelled with her and was with her during the POE. The office did not ask anything but how long the stay was and if she is visiting. Just said welcome and mentioned to make sure she travels back with in 6 months.

 

I understand this varies based on POE officers discretion. But i found numerous similar examples on VisaJourney site which helped me with this dilemma. 

Also, be honest if they ask about pending application I-130 and thats all that matters, there is no rule that you should not travel with a valid visitors visa during a pending immigration process other than the fact that POE officer might require additional information provided you did not overstay on visa in the past.

 

Hope this helps, Good luck !!

[sgrcres]

I filed for my mother in 2018 and still waiting for the immigrant visa interview.  It was scheduled last year in April 2020 but was cancelled due to Covid and then came the Trump ban.  This year in March, 2021, Mumbai consulate sent an email to restart the interview schedule, but until now unable to get an interview slot.  Now with the consulates closed again, wonder how long it will take.  

Since you only applied last year, it could another year before your beneficiary gets the interview.  There were some who travelled on tourist visa (even for those who applied for I-130) and came back.  I think that is the route to take.

[JoeF]

Traveling with a tourist visa while having an I-130 is very risky. A tourist visa doesn't allow immigration intent, which the I-130 shows. She risks getting denied entry and being sent back. Now, it is possible that an officer lets her in, but that is by no means guaranteed. I personally would not risk this, but of course, YMMV.