What happens if I am notified for F4 visa interview abroad while traveling in the USA? 3 Answers as of September 09, 2014

My sister is waiting for her F4 immigration visa for 12 years. Now she would like to pay a visit and is concerned with two things:
1) if she will be given a tourist visa
2) What to do if she receives her interview notification abroad while traveling in the USA?
Your professional advice is appreciated.

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Law Offices of Linda Rose Fessler | Linda Fessler
She should stay put.
Answer Applies to: California
Replied: 9/9/2014
Coane and Associates
Coane and Associates | Bruce Coane
The approval of an I-130 does not bar a person from getting a visa, HOWEVER, some consular officers may say that is evidence of immigrant intent and choose to deny the visa. If she is in the USA when her visa number becomes current, she could apply for adjustment of status in the USA, if otherwise eligible.
Answer Applies to: Texas
Replied: 9/9/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
Assuming your sister's priority date is near becoming current, your sister will likely not be issued a non-immigrant visa. Your sister would be suspected of having immigrant intent. This is especially true if your sister is at the stage where she is expecting an interview notice. Your sister could either return for her interview or possibly request adjustment of status if she is in the United States legally.
Answer Applies to: New York
Replied: 9/9/2014
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