When applying for a visitor visa to temporarily travel to the United States, the most important thing you must do is prove to the government that you do not have “immigrant intent.” In other words, you must prove to the US government that you do not intend to remain in the US beyond the time permitted on your visa, and you must show that you have strong ties and connections to your home country (such as close relatives, land or property, or your own business) which you are unlikely to abandon.
Given this, it is no surprise that applying for a temporary visitor visa when you are currently the beneficiary of a pending I-130–which is the first step toward obtaining an immigrant visa–would be difficult. If your spouse or other family member has filed an I-130, Petition for Alien Relative, on your behalf, then it may be challenging to convince a consular officer that you do not have “immigrant intent” in the US. Nevertheless, itispossible to visit the US with a pending I-130, and we have seen many clients do it.
There are many reasons you might want to visit the US while your I-130 is still pending. Most commonly, foreign relatives or spouses of US citizens plan to travel to the US for weddings, family vacations, or due to an illness or medical emergency of a family member. In these cases, individuals who do intend to immigrate permanently to the US at a later date may still have the option to visit temporarily before their immigrant visa case is approved.
Here’s what to do if you are the beneficiary of a pending I-130 and you live in a country that participates in the Visa Waiver Program (ESTA) or you already have a valid B1/B2 Visa:
If you reside in a country that allows you to travel to the US through the visa waiver program (ESTA), or if you already have a valid visitor visa in your passport, you do not need to re-apply to enter the US. If neither of these apply to you, you will need to first follow steps to apply for a B1/B2 visitor visa (see more information below).
If you’re already authorized to enter the US, you should plan to be prepared when passing through customs. This is when you will need to provide documents and possibly complete a short interview with a Customs and Border Protection (CBP) official. There is always a risk that they will not allow you to enter the US due to your pending immigrant visa application.
When attempting to travel into the US as a future intending-immigrant (once you’ve made it to the airport or other Point of Entry), it is a good idea to carry a “pocket letter” from your immigration attorney. This type of letter can help explain to the border officer the purpose of your travel and will address any potential inadmissibility issues that may prevent them from letting you enter the country. The letter should be accompanied by supporting documentation of the event you are attending or the purpose of your trip.
Pocket letters are often addressed to the visa applicant rather than the border officer, though they will be presented to the border officer when the purpose of the trip is questioned. The letter summarizes the purpose and timeline of the trip and reminds the applicant of the requirements they must complete in order to obtain their immigrant visa; for example: “As you know, your immigrant visa interview was recently scheduled for August 15th, 2019. You must return to India to complete your medical exam at least 2 weeks before this date.”
Here’s what to do if you are the beneficiary of a pending I-130 and you DO NOT live in a country that participates in the Visa Waiver Program (ESTA) and you DO NOT already have a valid B1/B2 Visa:
If you do not qualify for ESTA and do not have a valid B1/B2 visa. You must first apply for a visitor visa through the US Embassy or Consulate in your country. At your interview, you must provide documentation of your ties to your home country and your intent to return their immediately following your trip to the US.
A B1/B2 Visa Applicant should provide the following information and documentation at their interview:
- The purpose of the trip to the U.S. is limited to pleasure (no business or income generating purpose)
- The trip is for a specific limited time
- The visa applicant has sufficient funds to cover the trip to the U.S, all living expenses while in the U.S., and the return trip home.
- The applicant must show that they intend to return to their residence outside the U.S. This is shown by demonstrating they have a residence outside the U.S. that they do not intend to abandon and that they have other ties outside of the U.S. Family and financial ties in their home country are good examples of their intention to return home.
There is always a chance that the interviewing office will be hesitant to issue a visitor visa to someone who has already applied for an immigrant visa. It is important to be extremely well-prepared and to know what to expect during the interview, as well as at the Point of Entry. You can read more about applying for a visitor visahere.
FAQs
By presenting as much evidence as possible, you can successfully obtain a visitor visa despite having a pending I-130 petition, but the BURDEN IS ON THE APPLICANT TO PROVE THAT THEY WILL NOT OVERSTAY THEIR VISA AND THAT THEY WILL RETURN BACK TO THEIR HOME COUNTRY TO CONTINUE IMMIGRANT VISA PROCESSING.
Can I enter the US while I-130 is pending? ›
While a pending or approved I-130 Petition does introduce an additional layer of scrutiny to your visit, it does not automatically disqualify you from entering the U.S. for temporary visits. You can successfully navigate this process with thorough preparation and proper documentation.
Can I visit the US if my I-130 form has been approved? ›
Unfortunately, an approved I-130 petition does not, by itself, give you permission to come to, or remain in, the United States.
Can I stay in the US while my I-130 is being processed? ›
If you do so, your lawful status generally continues while USCIS processes your application. Duration of Stay: You can remain in the U.S. until USCIS makes a decision on your application, even if your original status has expired during that time.
Can I visit the US while my green card is pending? ›
Traveling Inside the U.S. While Your Application Is Pending
Fortunately, traveling within the U.S., including visiting family members in other states or taking a vacation within U.S. borders, will not affect your adjustment of status case at all — even if it's still pending with USCIS.
Can I travel within US while my case is pending? ›
If you have a pending asylum case, you can travel within the United States with an ID or your passport. You should also carry the documents that you were given when you first entered the country, just in case.
Can I travel to the US while my immigrant visa is being processed? ›
Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed. If you intend taking up permanent residence in the United States, you are required to wait until the immigrant or fiancé(e) visa is issued.
Can my wife come to the US while waiting on the I-130? ›
Entry into the USA while immigrant petition is pending
Once you have filed an I-130 form, your spouse is eligible to apply for a nonimmigrant visa. This will enable your spouse to live and work in the U.S. while the visa petition is pending. To apply for a nonimmigrant visa, you must file an I-129F form.
Does approved I-130 mean green card? ›
We will generally approve your Form I-130 if you can establish a relationship between you and your relative that qualifies them to immigrate to the United States. Generally, once we approved the petition, your relative may apply to become an LPR (get a Green Card).
Can an approved I-130 be Cancelled? ›
When applying for an immigrant visa at a U.S. embassy or consulate, an approved I-130 petition becomes revoked when a consulate terminates a foreign national's registration pursuant to INA § 203(g).
Total I-130 Processing Time
After filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 10 to 14 months for immediate relatives and could take several years for family preference categories.
What is the current processing time for I-130? ›
Form I-130 processing time (officially called the “Petition for Alien Relative”): When the sponsor is a U.S. citizen (known as the CR1 visa) is 10.8 months. When the sponsor is a green card holder (known as the F2A visa) is: 25 months.
What is the 4 year 1 day rule for US citizenship? ›
The statutory period preceding the filing of the application is calculated from the date of filing. Once 4 years and 1 day have elapsed from the date of the applicant's return to the United States, the period of absence from the United States that occurred within the past 5 years is now less than 1 year.
Can I file I-485 while I-130 is pending? ›
While your I-130 petition is under process, you can generally apply for I-485 to adjust your status to a permanent resident, and concurrently apply for an advance parole permit (Form I-131) to request interim travel permission.
Why can't you travel while waiting for green card? ›
If you leave the United States while your green card application is pending and you don't have a travel document, U.S. Citizenship and Immigration Services (USCIS) will consider your green card application abandoned and will deny it.
What is the waiting period for I-130 petition? ›
After filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 10 to 14 months for immediate relatives and could take several years for family preference categories.
Can I travel on h1b while I-130 is pending? ›
Traveling while an extension of status petition is pending with USCIS is permissible. Please note that you must be in the U.S. when the H-1B petition is filed with USCIS. You must alert the International Center of any travel plans while your H-1B extension is pending with USCIS.
What is the processing time for I-130 for permanent resident? ›
Form I-130 processing and approval times
The average approval time for Form I-130 is around 11 months. This estimate is based on analysis by Boundless partner Track My Visa Now, who tracks wait times in real time, giving the most up-to-date estimates for Form I-130 petitions filed today.
Can I apply for adjustment of status while I-130 is pending? ›
It depends. Some individuals may be able to file Form I-485, Application to Adjust Status, concurrently with Form I-130 or shortly thereafter. Others people can't do this. One of the biggest determining factors is the qualifying relationship in the I-130 petition.
