Can parents enter USA on visitor’s visa when their Green Card is in Progress?
Hi,my name is Anne,I did the following:
Question: Can parents enter USA on visitor’s visa when their Green Card is in Progress?
I am a US citizen and I have filed Green Card for my parents. My parents are awaiting for their consular processing interview at the Chennai consulate in their hometown Chennai. Meanwhile can my parents enter into USA to visit me using their visitor’s visa? Will they be allowed at the port of entry? I am doubtful because visitor’s visa is a not immigrant visa whereas Green Card is an immigrant petition.
ANSWER:
Answer by Phil
No one can say for sure but I would suspect there is a relatively high chance they would be rejected or denied entry.
They have aleady applied to immigrate, and the consul is obliged by law to presume that an applicant intends to immigrate unless there is evidence to support a different conclusion. In this case they DO intend to immigrate so the consul will assume, absent a lot of evidence to the contrary that they will not intend to leave when the visa expires…
Answer by mamour
it would not be wise to do so? since they are being sponsored to come in the US already, more than likely? they will be turned away..a visitor visa can end up in an overstaying in the US,
Answer by egay
No. Your parents cannot enter the US as tourists once a family based petition for them is already in process. They have to wait for their family based petition to be served and use that to enter the US.
First of all, you have to understand that a US tourist visa will be denied them at the US embassy in their/your country if they attempt to apply. They will be in the computer or data base so the consul will know that a family based petition is already in process for them. If they already have a tourist visa and would like to come in the US, they will still be inspected at the port of entry.
There can only be one way of coming into the U.S. and that is either through a tourist or immigrant visa. Not both are given. Once an immediate family based petition is filed, then that person is already disqualified for a tourist visa.
I hope that their petition will arrive soon as you are obviously missing them. Best of luck to your family.
Answer by growing inside
If they apply for a tourist visa, they will be denied. If they already have a multiple entry visa, they will not have a problem (technically they are not supposed to enter on a tourist visa, but in practice they can)
Answer by luv_sftruk
I believe that there’ll be a chance for them to come as visitor, as long as they are stable financially. Meaning to say, they have a certain amount of money show money. Why don’t you seek the advice of immigration lawyer instead?
Answer by Jenny
If you parents are in the middle of the sponsor process, they are not allowed to enter to US until after the petition is approved. Plus when they find out they have one in process, their visitor visa will be denied.
Answer by pianojangee
That is totally under discretion of Immigration Officer at the airport, if they already have Visitors visa. If they have to apply one, the approval of visa is totally under the discretion of Consular officer at US Embassy.
Also, when the interview is scheduled, they must in present at US Embassy in Chennai. They cannot change their process in US.
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