Can I apply for a visitor's visa for my daughter to visit me in US while I-130 petition is in the process.

Bankruptcy and Debt 4 views 3 answers
once I begin the I-130 petition for my 4 year old daughter living abroad, can she be granted a visitors visa to visit me in the US while we await the outcome of the petition? ”

Attorney Answers

3
Dyan Williams ·
Your daughter may apply for a visitor's visa after you file an I-130 for her, but the pending immigrant petition may affect the U.S. Consulates' decision to grant the visitor's visa. The visitor’s visa is for temporary visits/finite stays only, so the applicant must show nonimmigrant intent (i.e. no intent to remain in the U.S. permanently). As soon as the pending I-130 petition is approved, your daughter can apply to immigrate to the U.S. and become a permanent resident. If the U.S. Consulate knows your I-130 is pending for your daughter, it may presume that she is coming to the U.S. to stay and will not leave when her authorized period expires. The nonimmigrant visa application includes questions related to the applicant’s intended length of stay and whether anyone has ever filed an immigrant petition for the applicant. The person is expected to answer the questions truthfully. Furthermore, if the person plans to enter the U.S. on a visitor’s visa with the preconceived intent of overstaying and then adjusting status after the I-130 is approved, she may be committing fraud or willful misrepresentation if the consular officer or customs officer asks about the purpose of the visit and she says it’s only temporary. Persons who commit fraud or misrepresentation to obtain a visa are inadmissible and must apply for and receive a waiver of inadmissibility to become permanent residents. The fact that your daughter is a minor (only 4 years old) is an exception. She is too young to have the requisite intent to overstay her visa or commit fraud or willful misrepresentation. Nevertheless, the adult person helping her apply for the visa is expected to tell the truth. Keep in mind that the failure to volunteer information that is not being asked for is not the same as fraud or willful misrepresentation. The U.S. Consulate might have concerns that your daughter would use the visitor’s visa to enter the U.S. and then overstay if she is the beneficiary of a pending immigrant petition. If the Consulate denies the visitor’s visa, this should have no bearing on the immigrant visa process. If your daughter does get the visitor's visa and overstays her authorized period (i.e. fails to maintain nonimmigrant status), she would not qualify for adjustment of status while in the U.S. unless you are a US citizen parent (instead of an LPR parent) filing for her. Consult with an experienced immigration attorney for specific advice and guidance on these issues.
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Aggie Rachel HoffmanImmigration AttorneyLos Angeles, CA ·
More information is needed. Are you a US citizen or green card holder? Was your daughter born before or after you completed your immigration status? If before, then she may be processed as following to join and no I-130 is required. If after, the consular officer may want to know who will bring her to the US, among other factors to be weighed. As long as the truth is disclosed, you have nothing to lose. At best, you should discuss this matter with an experienced immigration lawyer.
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