Family-based green card applications can take years to be processed. While your I-130 application is pending, is it possible to travel to the United States? The straight answer is yes, but it’s important to understand what’s expected of you when you take these trips..
Visiting the U.S. on a Tourist Visa (B-1/ B-2)
Every time you enter the United States on a tourist visa, the B-1/B-2 visa, you are promising the United States that you intend to go back to your home country to live and that you have no intention of living in the United States. But, a pending I-130 petition contradicts this. A pending green card application shows that you do have the intention, at least eventually, to live permanently in the United States. It may cause the immigration officer to ask you questions about your visit and your intent to return to your home country. In some cases, people are even turned away. Here are some tips to prepare for this and avoid getting denied entry.
Come prepared. Bring evidence, documents, to the border that prove your intent to stay in your home country. If you're in college, bring proof of enrollment. If you own a home, bring the mortgage. If you have a good, stable job, bring pay stubs and a letter from your employer. Show proof that you have purchased a return ticket. You want to show that you have a steady reason to return to your home country. The more proof, the better. If the documents are in a foreign language, bring translations.
Many people think that by having an approved tourist visa they will avoid this problem. But, every time you go to a U.S. port of entry, you are inspected. The border patrol officer has the ultimate power to allow you entry into the United States or deny you. Every time you arrive, immigration's checking you out again, and if since your last arrival you now have a pending I-130, they may ask you questions at the border and they can turn you away.
Immigration Help: Travelling with a Pending I-130
If you have any questions about travelling with a pending I-130 application, I'd be happy to help. I’m a dedicated and passionate immigration attorney, fluent in English and Spanish, located in the greater Los Angeles area. Call (310) 803-3040 or visit https://abaudlegal.com/appointment/ to schedule an appointment.
Sharon is the best lawyer I've had the pleasure to work with!
Sharon is the best lawyer I've had the pleasure to work with. She was very professional, but also offered emotional support during sometimes tough episodes and harsh deadlines. Indeed, I would definitely recommend her. Thanks Sharon! Mallory, the kiddos and I appreciate all your hard work!