Attorney & Law Firm Directory Verified US Attorneys
Sign In Free Sign Up

Can I stay in USA while my I-130 is processing?

· · 0 views
My husband(US citizen) lives in USA since 2015.My younger son(17 years old) lives with him while having a green card after his father's invitation.
In about a month my older son(19 years old) will be ready to travel with immigrand visa and stay in USA with his fother and brother in order to study at a university.
My husband has already filled the form I-130 for me, too but we've no answer yet(its being 6 months)...
A form I-797C is sent by USCIS to inform us that my case is in process.
My question is...
-Can I travel with my older son in two months and how? With ESTA?
-Can I live there with my family while my Visa PetitionI-130 is processing and wait until my green card is ready?
-Should I apply for another form before I leave Greece or I can do it when I' m in USA...
-Do you beleive that I have problem while entering?
Thank you so much...and I m so sorry for my english....I hope that you can understand my problem...

4 Attorney Answers

Best Answer
You should avoid travel to the U.S. if you are the beneficiary of a pending Form I-130 filed by a spouse. You rush being found to be an intending immigrant and denied entry. You could also be subject to expedited removal proceedings, which will complicate your return.
Best Answer
No, you should wait in Greece until the I-130 is approved and you can obtain the immigrant visa at the Embassy. If you attempt to enter on a non-immigrant visa while the I-130 is pending or approved, it would be visa fraud, unless you already hold an H or L visa that allows entry with 'dual intent' which does not appear to be the case.
You will just have to be patient and wait to process through the embassy. Your son should have no problem if he already has his immigrant visa.
Best Answer
Yes it is possible, however, it is strongly recommended that you do as you will be considered an intending immigrant and will have a very difficult task establishing to CBP that you are not. There is a good likelihood you will not be permitted to enter the US.
Best Answer
It is possible to temporarily visit your husband and kids for a few months while your I-130 is pending. However, like my colleagues have explained, your entry could be interpreted as fraudulent intent to stay, which you are not allowed to do with your ESTA. Because of this, CBP may not even allow you to enter, even with valid tourist visa or ESTA. You can only move to the US after your visa has been processed. If you husband is a resident, and not a US citizen, then the processing of your visa will be about 2 years. If your I-130 has been pending for 6 months, you have over a year to go. Be patient! Your processing time will come. Best of luck!

Sign in to answer this question.

Sign In or Sign Up as an Attorney