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Will I have a problem entering USA under VWP with a I130 pending?
Anonymous3 views2 answers
While the process of my I130 isnt complete , I want to visit my family for Christmas and come back to my country after spending my vacation with my family. I hold a valid ESTA permit. What are my changes to be refused entry to the USA ? My american husband will be traveling with me. I will be holding a return ticket to my country and antoher flight ticket to travel to tunisia or Norway after my return from the states.
It will be up to the port of entry agent to determine if your intent to enter the US is for a temporary visit. There is no restriction on I-130 beneficiaries gaining admission to US. Any non-US Citizen who is married to a US Citizen wishing to enter the US on a temporary visa will face strict inspection. The return ticket is good. Any other evidence should also be included - current job committments in home country, ownership of property, ongoing leases (car,home, business), children school committments, etc.... Good luck.
