Will I be able to reenter the US if my papers are still on file? 14 Answers as of October 28, 2011

I have a 10 year old visitor visa. My US citizen father petitioned for me in April 2011. I am from St. Kitts West Indies. I am an unmarried adult male over 21. I must leave the U.S. on 10/12/11, but have been told by friends that I don't have to leave since my papers are on file. Is this true? If not will I be able to reenter the U.S. again once I leave?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Not true. Just having an I-130 on file is not status. You are out of status on October 11, 2011 unless you apply to change or extend status.
Answer Applies to: California
Replied: 10/10/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
Since you are over 21 years olds there is not a visa available to you immediately. You have to leave the United States before the expiration of your stay, or you will be out of status. You should be able to reenter the United States with your tourist visa.
Answer Applies to: Florida
Replied: 10/10/2011
Serbinin Law Firm LLC | Igor Serbinin
It appears from your description that you are in a family preference category which means that your visa number will not be available to you for quite a few years even if your fathers petition will be approved by immigration service today. That means that if you will remain in the United States beyond expiration of your visitor visa you will be out of status and subject to possible removal from the United States and some other sanctions like bar on future admissions. However, if you leave without violation of your status you can reenter the United States as visitor or in any other lawful status while visa number remain pending with Department of State. Your reentry will depend on discretion of Consular workers and Customs and Border Protection personnel who will be determining your intent when you will be applying for admission into United States.
Answer Applies to: Colorado
Replied: 10/7/2011
LAW OFFICES OF ALAN R. DIAMATNE APLC
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
You must leave before you accrue unlawful presence. Your friends are wrong. You never know if you will be denied entry. You can be denied if the officer believes you will stay in the U.S. in violation of the law.
Answer Applies to: California
Replied: 10/7/2011
Fong & Associates
Fong & Associates | William D. Fong
You must leave before your I-94 expires.
Answer Applies to: Texas
Replied: 10/7/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
You are over 21 and not immediate relative anymore. You will have to leave and wait for your priority date to become current.
Answer Applies to: Nevada
Replied: 10/28/2011
Glinsmann & Glinsmann, Chartered
Glinsmann & Glinsmann, Chartered | Matthew R. Glinsmann
Your father's filing does not give you any current status in the US. Therefore, you are supposed to leave before the end of your current period of authorized stay. However, you should also know that future entries on your visitor visa may not be permitted because you are now seeking permanent greencard status based on your father's application. If you over stay your current authorized period of stay, your visitor visa will automatically be voided and you could jeopardize your residency case.
Answer Applies to: Maryland
Replied: 10/7/2011
The Law Office of Khoa D Bui
The Law Office of Khoa D Bui | Khoa D Bui
You may not stay beyond the authorized stay specified on your I-94. Although your father is petitioning for you, a visa Is not available in your category (F-1) as of yet.
Answer Applies to: California
Replied: 10/7/2011
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You must leave the country by October 12, 2011 or risk accruing unlawful presence. You cannot adjust your status in the United States based upon a petition filed by your parent if you are an adult unmarried son. You must be in status at the time an immigrant visa becomes available. As such, you must leave the country as you will not be eligible to get your green card here and will accrue unlawful presence, which will subject you to a bar for re-entry. As regards to re-entering since the petition is pending, it will depend upon border control. If you previously complied with the terms of your visa and shw intent to return before the expiration of your visa, you may still be able to travel back and forth.
Answer Applies to: New York
Replied: 10/7/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Your friends are very incorrect. The I-130 petition does not give you status or permission to remain in the US. Don't listen to them! Leave the US by the date listed on your I-94 card or that will possibly prevent you from visiting again in the future.
Answer Applies to: California
Replied: 10/7/2011
    King & Ballow
    King & Ballow | Bruce E. Buchanan
    Yes, you must leave. If you stay you will be a B2 overstay and you will not be able to adjust status (get a green card) through your Dad if you stay 180 days over or more. Also as a B2 overstay, you will be subject to deportation. If you return home now, then you can wait for I-130 petition to be approved and then apply for immigrant visa, which will lead to green card.
    Answer Applies to: Tennessee
    Replied: 10/7/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You will become inadmissible if you leave the US because of your past unlawful presence. Although you may be able to return you will not be able to benefit from your father's petition and obtain your green card because you triggered a 10 year bar by leaving.
    Answer Applies to: California
    Replied: 10/7/2011
    Law Office of Christina H. Lee
    Law Office of Christina H. Lee | Christina Heakyung Lee
    How long have you been in the United States? Just because you have a 10 year visa does not mean you are still here legally. The 10 year visa does not allow you stay in the US for 10 years what matters is how much time immigration gave you on the I-94 when you last entered. If you have overstayed for a over a year and you leave the country, you will be subject to the 10 year bar. Just because your father has filed something for you does not mean your are allowed to stay here. If you have overstayed then you have no papers to stay in the US, meaning that if ICE catches you they can place you in deportation proceedings. Do not listen to your friends.
    Answer Applies to: California
    Replied: 10/7/2011
    Bus & Nanthaveth, PLLC
    Bus & Nanthaveth, PLLC | Rachel Irene Bus
    I think you should meet with an immigration attorney before you leave the country. I'm not sure if you mean that you overstayed your visa by 10 years or if you've been traveling and using the same visa for 10 years. It's good that your father submitted a petition for you but until it is approved and your priority date is current, you won't have the option to apply for permanent residency. You can't apply for permanent residency until your priority date is current, and right now there is a backlog in your category of about 7 years. If you've already accrued 6-12 months or more of unlawful presence then you may have to spend 3-10 years outside the U.S. before you can return as a permanent resident unless you qualify for a waiver. The other concern that you point out is whether you'll be able to come back as a tourist now that your father has submitted a petition on your behalf. For all of these issues that I mentioned, I think you should consult with an attorney so that you fully understand your position and what you should do.
    Answer Applies to: Texas
    Replied: 10/7/2011
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