Can parents enter the US on a visitors visa after an I-130 has been filed on their behalf? 5 Answers as of January 24, 2011

Can parents enter USA on visitor’s visa (they already have a valid, multiple entry visitor's visa) after form I-130 is file on their behalf with the USCIS?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
In theory yes but the burden is higher on them to prove they will return at the end of their visit to wait for their immigrant visa. This means strong ties to the home country and perhaps a good track record of always returning as promised.
Answer Applies to: California
Replied: 1/24/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
Yes, but they may have a hard time at the moment of being inspected at the airport since immigration may think that they are coming to the United States with the purpose of staying.
Answer Applies to: Florida
Replied: 1/19/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
If they have already obtained the visa, they can.
Answer Applies to: Florida
Replied: 1/17/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Maybe. When your parents arrive on US ground, they will have to show their visa. The immigration officer will determine whether your parents have the intention to return home and assure himself that they are tourist, meaning that they are in the US for a temporary stay. The petition I-130 is a factor to be determined. (Many clients of mine have traveled on a tourist visa to the US with an I-130 pending or approved without problem. Some were not asked any questions at the airport, but others have been questioned about the I-130).
Answer Applies to: California
Replied: 1/17/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
They are not barred from doing so, but can inspect to be questioned about their intentions if they have a pending or approved I-130 petition. They should be able to show strong evidence that they intend to leave the U.S. when their stay expires. Also, they should have a good reason for their visit. The closer the priority date is to being current, the more likely they will have a problem.
Answer Applies to: California
Replied: 1/17/2011
Click to View More Answers: