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How to use a Pending I-130 Petition to get a U.S. Visitor Visa

Pending I-130 Petition to get a U.S. Visitor Visa

It might take a while to get a green card. At times the process might need a few months or it might take years. It is very tough to get either a B-1 or B-2 visitor visa and this is obtained after filing Form I-130, Petition for Alien Relative. Though tough to get a visitor visa using an I-130 that is pending. Most of the people who have a pending immigrant visa petition travel successfully to the U.S. via the Visa Waiver Program (VWP) or using a B visitor visa. 

Pending I-130 Petition to get a U.S. Visitor Visa
How to use a Pending I-130 Petition to get a U.S. Visitor Visa

Usually, B visitor visas are used by tourists, however, there are many reasons why it could be used by someone to travel to the U.S. It can be used for business trips, or athletes either amateur or a professional,  a domestic employee or even a nanny who travels with an international employer. Usually, visitors who have a B visa visit their family or are on tour, or on vacation. It is also possible that B visitors might also seek medical treatment in the U.S.

Eligibility of U.S Visitor Visa 

In order to be eligible for a visitor visa, one has to establish that they don’t have the “immigrant intent” – it is the intention to stay back permanently in the United States, and this is always a basic element for most of the temporary U.S. visas. The U.S. government needs to be certain that the person will return to their hometown before the visa expires. 

However, Form I-130 that has been filed on behalf of you, indicates that you have decided to live in the U.S permanently in the future. Accordingly, those having a pending immigrant petition are scrutinized more when they apply for a temporary visitor visa. 

How to use a Pending I-130 Petition to apply for U.S. Visitor Visa

Pending I-130 Petition to get a U.S. Visitor Visa
How to use a Pending I-130 Petition to get a U.S. Visitor Visa

You can apply for a B1/B2 visitor visa. A denied visa will not have an impact on the pending I-130 petition. However, it is important that one must answer all the questions sincerely. A lie might have a negative impact on the ability to get a green card at present as well as in the future. When one applies for the B1/B2 visa, it’s crucial that you must demonstrate that you:

-intend to remain in the country only for a temporary period; and

-intend to return to your home country; and

-you can take care of your expenses on the U.S. trip.

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