Such a great video! Thank you!! I have a question please. I am a U.S. citizen and want to apply my father a greencard. Right now he is in Thailand taking care of my son who was born here. My father already has a travel visa as he visited here before. I plan to take my son here next year in April and wanted to apply my father a greencard. If I apply I-130 now thru consular processing and I-130 is still pending or my father doesn’t hear from consulate there, can he travel and enter the US with me and my son? Or should we wait until he is here and We apply form I-130 and I-485 together? Thank you very much. Appreciate your response
Good day My i130 is pending I’m a South African married to us citizen we have a child when I filled I was in Us I lost my sister I travelled on emergency traveling documents on my back to US I had issues I’m with my daughter I been trying to come to ever since what can I do ?
my sister in law has applied for I-130 petition for us in usa. almost 8 years have passed but we still have no idea how long it will take more. Can i apply for NIW visa usa?
This is a great topic. I have a situation where I'm doing AOS and us citizen husband is filing for my minor son who lives in a foreign country. My son has a valid visa but we are so scare to let him visit because my husband filed the I 130 for him and its still pending. My AOS is also still pending.
Thank you for your comment. I see similar situations all the time, and I know that family separation can be difficult. It may be possible for the son to visit on the visa without affecting the I-130.
@@DarianLaw sir, this first time i have seen such a professional video about 1-130. My question is that i petitioned for my son I-30 bout 2 years before my slf as a mother from texas my son's service center where his petition submit is from calofornia recently we talked to immigration atterney he said now your time will start it means 4 years he will wait my question is that where were 2 years gone when i submitted his petitiosTpsMsBLkRkbiE7n in 2019 .
@@syedadurdana8381 The categories for unmarried sons/daughters can take several years. You can see the updated visa bulletin here: travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-january-2022.html
My husband applied as a pr of usa In November 2022 in July 2023 he become citizen how much time it will take I have 3 year old son our i130 is under process but can we still go to visit as he couldn't come to India after pendamic 😢😢😢😢
Hello sir does a humanitarian asylum for beneficiary in another country can affect the cr1 visa ? I mean if the beneficiary he lives in another country not in his own country and he applied for humanitarian asylum there while his wife applied for i130 for him Can that be a problem to affect the result of the cr1 visa ? Thank you
Hi my husband is a green card holder in 🇺🇸 he applied i-130 and he received recept notes but it's now 7month without getting pending message. What could be the problem
Hello i have i130 petitin pending n applied for tourist visa but i hve home ties to my country i have agriculture land in my name should i take the documents in interview
Hi. Thanks for your video and explanation. I have filed an i130 for my senior mom about 2 months ago. I haven’t received the receipt of notice as yet. My mom wants to visit me, as I just bought a house. How would she be able to show evidence to the custom and immigration agent since she’s retired. She’s 75. Any advice is appreciated.
It would be best if she can show evidence of ongoing obligations or a reason to return to her home country. For example: a house, a dog, or financial obligations can be used as evidence of intent to leave the US after a visit.
Hello, So my wife having an visitor visa interview next month and i am PR of united states,i already put a i-130 for her back in dec 2021 but stil it’s pending. So my questions is that she can able to get visitor visa her ties to her country ,actually she is a dentist and she worked in a clinic so pl. advice what chances she be having to get us visa
Good day. How about the other way around: Can the the sponsor/petitioner (A US citizen) visit the beneficiary to her country of residence (which is Canada) while I-130 is being processed?, will that have bearings on the petition?. Also, if the beneficiary already have a Tourist visa, prior to filing I-130,can he/she still come to the US to visit his/her spouse while I-130 is unde process?
The answer to your first question is: probably (almost certainly) not. And yes, a tourist can still visit the US with an I-130 pending, but might need to explain the tourist intent behind the visit to CBP. Entry is never guaranteed for tourists.
Hello sir! Please respond to me. My brother is getting married on March in the US. I really want to go but I have my i-130 pending visa. However, I also have my tourist visa way back 2016 and it’s valid until 2026. Am I allowed to visit using my tourist visa while my I-130 is pending? Please help me.
Hello sir! My husband and I are trying to file the I-130 by this month, I’m a korean citizen living in Korea and he is in the military currently stationed in Germany. My friend is getting married in November so I was planning to go see her for a month with esta visa but before I file the I-130 I was wondering if applying for esta and going to the states will be a problem while the I-130 is pending.
Yes, it might be. I strongly recommend not filing the I-130 yet and speaking with an immigration attorney once you are in the US. You may have other options available other than consular processing.
It's risky, but possible. It depends on many variables so I need to learn more before I can advise. Do not travel without consulting with a lawyer and explaining your situation.
@@DarianLaw my father is a US citizen and filed a petition for me to come to the states but my case has been pending for two years, I’d like to visit a friend in India for a month but I don’t know how that might affect my pending documents,my dad is in Pittsburgh and I’m in Ghana
@@jacobmiller1967 Oh, if you aren't in the US then it does not matter whether or not you travel. You will need a police clearance certificate from every country you have visited since age 16.
Can a person from Nicaragua apply to advanced humanitarian Parole if his mother submitted an I-130 form on his behalf two years ago? Checking the status on USCIS the only application status message is that USCIS received the application.
My brother is a US citizen and he is applying I130 petition for me. I live in pakistan. Can u please tell me that how much tine will all the process will take? When will I get visa.
When your I130 is pending while you are in the USA never and ever travel outside the USA never leave the country before finishing the process of not uou will not be able to come back to the USA and you will be forced to wait in your country till the end of the process . I have experience
Hi darian! I wonder if you can help:: a friend of mine has SIJS petition submitted but it's in a student visa and wants to travel. Would this be considered fraud or is it okay to reenter the US as a student if the visa is valid, if they are doing college and traveling for study purposes (conference, study abroad etc)??
Great question - travelling after filing a SIJ petition can create risks when you try to re-enter, especially if CBP questions you about whether you intend to permanently live in the US (which is not allowed on a student visa). I take a conservative approach and would advise against travel in an overabundance of caution.
Hello Sir. First of all thank you so much for the detailed explanation. You explained visitor visa secnario really well. I am in a similar situation, only difference is I am in an H1B Visa. My i-130 is in process. Do you recommend traveling? One concern I see is I gave my current i-94 record number in the i-130a form that my spouse submitted in the i-130 application. But if I travel I will have a new i-94 record number when I return back. So there will be a mismatch of i-94 record number between i-130 and i-485. Will this be an issue? Thank you in advance for the help. Really appreciate it. :)
H1b is dual-intent visa, so you can have a pending I-130 without problems. A pending I-130 should not create problems when travelling on an H1b visa. Don't worry about a mismatch of I-94 records. It will not affect anything.
Hi , I know this is a bit off topic… but I have one question .my sister had her student visa denied twice but she still has her tourist visa. Would she be able to still come and visit me? Would that make it hard for her to come and visit me legally? Thank you!
She can try to enter with the tourist visa if it's still valid. As always, she should come with evidence showing that she plans to leave after a visit.
Great video! I have a question. My husband is applying for his parents to get preeminent residency I-130. But they have interview scheduled in September to get tourist visa with intend to just visit us for few days and go back out of USA until their I130 is approved. By them going in September for an interview for tourist visa is it only going to increase the chances of being rejected for tourist visa or is it going to mess up something in the process? If they are just going to get rejected (most likely) we are okay with it but if it’s going to complicate the process for I-130 should we then cancel the tourist visa appointment? Thank you so much !
It depends on the reason why the tourist visa gets denied. For example, the family petition can remain unaffected if the tourist visa is merely denied because the applicant failed to bring enough documentation of intent to visit. But the family petition process can be affected (or a waiver required) if the tourist visa is denied due to fraud or other serious issues.
@@DarianLaw Understood! Thank you And just to make sure being in the process for tourist visa and I-130 at the same time doesn’t impact one another in them of doing something wrong? Thank you so much !
@@magicgroup8629 The tourist visa can be denied, and tourist entries can be denied. The I-130/consular process can be denied for reasons such as fraud if a fraud determination is made. It's very hard to accurately answer this question without a long conversation.
Hello, Sir. Thank you for this video. My immigrant petition from my sister got DQ last Aug 2021. I still have an existing multiple tourist visa. Can I still visit the US? Thank you for your response.
I had a question sir! My brother petition his son more than 10 years ago, why it took so long? My brother is already an American citizen, his son has no bad record or anytging, his a good boy. He don't get married because he knows it would take longer to petition a married children, but still in waiting for more than 10 years now, what's going on? Thanks if u respond me immodestly. I am so confused and curious about his situation....again thanks a lot!
I need to review the paperwork to actually answer this question. The typical waiting period for unmarried sons of US citizens is 8+ years (for MOST countries), plus the processing time at the consulate which can be 1+ years. Hopefully this is resolved soon. See the current visa bulletin for category F1 travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-november-2022.html
Hi! My husband is an us citizen and he is suffering from aggressive leukemia i'm waiting for my I130 but i'm in emergency case to be with him ASAP ,the consulate here in my country doesn't answer us we still waiting for an appointement for B1/b2 emergency visa 😔
Your husband should contact his congressperson to try to accelerate the B-2 process. Most members of congress offer assistance with federal agencies through their websites.
@@chaimaaouine4768 Okay, one of his congressional representatives for Brooklyn is Hakeem Jeffries. Use this website to request help from Congressperson Jeffries: jeffries.house.gov/serving-you/help-with-a-federal-agency/ Your husband should fill out that form and submit the request. The congressperson's office should contact your husband with further instructions and should look into this issue on your husband's behalf. Good luck with everything!
Hello, Your video is very helping. I have an issue. My spouse and me are foreign student in Germany. My brother is USA citizen and my parents are USA green card holder. My brother did family petitions for me which is still running from last five years. We want to visit my parents. Will it be wise if my husband and me apply for USA tourist visa at this moment? Thanks
The answer to your question is complicated. Generally, a tourist visa will not affect the processing of a sibling petition, but it's always the tourists job to prove that the visit is for tourism-purposes only.
Hello, I’m US citizen and the I-130 petition of 10 year old child was approved last December. Is it possible to get B1/B2 for her so will just do the Adjustment of status here in the US? thanks for your answer.
I would not apply for the B2 now unless the intent is purely to visit (and to further pursue the I-130 at a later time). This is a very complicated question for a variety of reasons. If somebody already has a B2 visa and enters the US to visit, then that person may change their mind and decide to adjust status. However you cannot obtain a B2 visa for the purpose of entering to adjust status. Doing so may be considered fraudulent intent at the moment of entry. I have several videos discussing immigrant vs non-immigrant intent that you should check out.
Watching from Thailand I have tourist visa this is a second tourist visa for me but my second tourist visa will be expired in October 2025. Should i reapply my tourist visa now or wait until expired. The key point i just got with my husband (greencard holder) in May this year. I am afraid if i apply new tourist visa beforeits expired they wont give me visa and i dont want the embassy cancel my tourist visa that i already have. Now i am confused. What should i do? Please advise. Thank you for your reply.
Hello Sir .. My friend is in US on tourist visa with wife and children’s . His sister is US citizen . i want to know that . is it possible that she can file I 130 and help him to get green card. if possible how long it will take. if not what other options are ? he don’t want to leave US now . appreciated your response .. Thanks
Thank you for your comment. Sibling petitions can take 14 years or longer for most countries. See family-sponsored preference cateogry F4: travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-november-2021.html
Yup that person cannot stay longer than(approx 6months if it's a tourist visa) that would mess up any opportunity to get legal status to stay permanently. Your love one needs to leave the country unless it a special case like asylum/ refugee or marriage. All the best tho
Hello sir, i've a l-130 petition pending on F2B, I actually study in a Foreign countru. If I pay the school for one year in advance Can i get the visa to visit my mom in US and come back to continue my studies ?
I think you're confusing a tourist/visitor's visa with a student visa. If you just want to visit then you would need to apply for a tourist visa (B2 visa). Yes, you could visit with a B2 visa and return to your studies.
I'll be having my interview for my J1 US visa soon. Will I have a problem if I have an I-130 family petition applied last 2020? Super appreciate your reply.
You need to prove that you intend to leave the US after your J1 expires. If you can prove this, the consular officer should not use the pending I-130 to deny your J1.
@@DarianLaw What if it’s my sister-in-law who filed the alien relative petition for my husband which only makes me and my kids his beneficiary? Will I still have problems with my J1 visa application? Thank you so much, Darian!!!
I have a question. i have a pending i130 by my brother, a few weeks ago i applied for a tourist visa and got denied because i selected the option to stay for a year as i wasn't sure what to pick. Now i have specific travel plans even got tickets for 2 weeks and reapplied, interview is in a few days, do you think they can accept me now? I'm going with my nephew and he got accepted last time. Thanks. side note: how long can it take for a i130 to get accepted? New york.
An I-130 for a SIBLING can take longer than 15 years! I will be posting a video about this in a week or 2. Your tourist visa can be approved if the consular officer believes that the purpose of your trip is to visit. Sometimes you need to apply several times before you are finally approved. Good luck!
Did you get your tourist visa? What questions did they ask you? I petition my older sis in 2022 She tried to get tourist visa in 2023 ( denied) she tried again in (Jan/2024, denied) and interviewer didn’t tell the exact reason why it’s denied. She tried to come and help me out since I’m pregnant and will be due in Feb/13/2024. I’m just trying to get more different cases of people to see if my older sis still have chance to pass tourist visa interview Thanks in advance if you can answer
hi! my husband currently is in the process of getting a h2b visa while his i130 is pending. will this mess up the i130 process? will he have to do his interview here in the US?
No, it won't mess up the I-130 process. The interview location is usually at a consulate, but it depends on how you file the paperwork and your life circumstances.
Hello Sir My Brother Is A US Citizen and He Submitted my Petition for I 130.But I am Confused that what Will be The Complications and What Senorios Will Effect The Process.? And One Final Question how Much Changes i Have i can Get A US Visa Through I130?
I-130 sibling petitions are the slowest category and the waiting process is 14+ years for most countries. The I-130 does not help you to get a tourist visa.
Great video sir, Please I have a very important question regarding this topic but it's similar with what's already said. How possible and what are the chances and the possibility of getting into U.s with a tourist visa to visit my wife since my i-130 is still pending.
We already applied for B1 B2 visa before my wife filed i-130 form and right now NVC has documentary qualify our case so we are waiting for interview which is taking longer than expected but now I want to visit my wife for our marriage anniversary with my B1B2 visa which is in queue already for an interview but it's a bit far and we want to expedite the appointment.
@@mrpushh It is possible to do that, but requires demonstrating that you truly intend to visit only for tourist purposes until the NVC finishes processing your case. In my experience it can be difficult in some circumstances to get a tourist visa when you are that close to entering the US as a permanent resident.
I’m in the exact same situation as you. And I just got my b1/b2 visitor visa approved!! My husband only filed for the I130 petition AFTER I applied for the b1/b2 visitor visa, for which the interview kept getting delayed. My petition got approved and I’m waiting for the next steps in the process. In the mean time, I just had my b1/b2 visitor visa interview this week and I disclosed to the interviewer that I have another petition pending but I have no immigrant intent and do not plan on staying there on the b1/b2 visitor visa. I explained that I only plan on moving to the states once my I130 case is complete. In the mean time I’d like to visit my husband for a week with the b1/b2 visa. I took proof of me coming back to my country, like the rental lease agreement from my landlord which said I had another year in the contract and I also took my employment letter which clearly stated that my position in the company is full time and permanent. So I explained that I have this full time job to come back to and hence have no immigrant intent with this Visitor visa. And the interviewer approved my visa.bSo I’d advise you to just take some strong proof of you not planning on cutting ties with your home country.
@@fatimadaya8736 Well done! You were able to demonstrate why you need a tourist visa while your family petition is pending, and that the purpose of the immediate trip is for tourist purposes. Thank you for sharing your experience as it may help others who are in a similar situation.
Hello, I’m an US citizen. I have applied for my parents a few months ago and the cases are pending. I have a plan to move to Canada. Should I postpone it and live in the USA till their cases ( I-130) are in process?
Yes you should continue to live in the US until they become permanent residents because you will eventually need to fill out the I-864 and that form requires demonstrating that you are domiciled in the US.
@@DarianLaw thank you for the response. May someone else fill out that form or only the applicant has to do it? If I leave the country, is it acceptable that my cousin to be their sponsor?
@@savidafridi8745 Currently there are similar processing times for spousee of green card holders, but that is not an immediate relative category and you need to be super careful. Minor mistakes in that category can be very unforgiving.
Good afternoon Dr I have a doubt I am a permanent green card holder and I would like to apply the I-130 for my brother who is Brazilian, he already has the B2 tourist visa, if I apply for him, can he live here, work and be able to go to Brazil while his case is pending? or when the period of 6 months ends he will have to return to Brazil? Thank you
No - for several reasons. (1) a permanent resident cannot petition for a brother/sister. Only a US citizen can petition for a brother sister. (2) Even if you were a US citizen, your brother cannot live and work here while the process is pending. The process also takes around 14 years for siblings, and he would need to comply with US immigration laws during that period (no overstaying). If an adult overstays a tourist visa, there are 2 categories of family-based green card which can "cure" the unlawful presence in the US: (1) US citizen spouse, or (2) US citizen son/daughter who is over age 21.
@@DarianLaw Thank you very much your information is very valuable, I have one last question if you know how to answer me I will be immensely grateful, if a person who has applied for the I-130 and during the waiting time finds an American citizen to marry, the person can apply for a green card through marriage already having an I-130 in progress?
My wife absconded with my 2 minor kids from India to US without my consent. Judicial Separation, RCR, Child custody cases are still pending in Indian Court. What can i do now to deport her back to India. I have visitation rights. Please provide your suggestions. Thanks.
Thanks so much sir for the great video...please help a sister here am a Kenyan citizen my husband who is a usa citizen applied for the I 130 last year October which has been actively reviewed I applied for a b1/b2 visa appointment to visit my husband which am to attend next week, today they have approved my i130 what are the chances of getting a tourist visa with an approved I 130 ?? Please help a sister
It's possible to get a tourist visa with a pending/approved I-130 if the consular officer believes that your CURRENT intent is to visit (despite planning to eventually move to the US). You will need to convince the officer that you do not currently plan to live in the US and that you only plan to visit. For example, I had a client who had a government contract in India for 2 years and was able to get a tourist visa despite having a US citizen wife and an approved I-130.
My wife applied for i 130 she is citizen she visited to me last month but in feb we have anniversary so i applied visit visa to visit her and spend few days with her for my wedding anniversary my interview is on 19 jan should it be ok? Or its effect my i 130?
It can be okay, but be prepared to explain your intent to be a tourist to the CBP officer when you fly to the US (because those officers can see that an I-130 family petition is pending). This can be a little complicated, but is definitely possible. Work with a lawyer to create a plan so your tourist entry has a higher chance of success.
Sir i have a question my father leaves in us he already applied i30 for me but now i want to apply f1 and my agency will be sponsors me so my question is if interviewer ask me who gonna sponsored you than what should i tell? Cause my father Won't sponsored me can i take agency name? If they asked why Don't ur father sponsored you then what should i tell? will it be get any problem to get visa?
An I-130 and an F-1 visa are not incompatible, but you need to explain that the purpose behind the F-1 entry is to study (and that you will eventually process the I-130 at some time in the future).
Hello. I have a tourist visa and my mother want to apply i130 petition and she want me to stay in us until petiotion get approve. It is ok to stay in us while waiting for the petition. And the is any other way to get the approval faster. Thanks
@darian immigration law my child is already in US and she will be overstay and wait the petition inside US. What will happen on the petition if she will be overstay.
Hi Darian, thanks for a detailed response. My sister, US citizen, had applied for family immigration in 2021. And now I will be applying for my F1 visa, would you think this could cause some kind of hindrance. Obviously the intent to finish off my grad school and return once the degree is finished. Thanks
@@DarianLaw Thanks for the response, although she has also filed the I-130 for me as well, and I would have to disclose this when filling out the DS-160.
If you are a US citizen and are over the age of 21, and your mother entered the US legally (with a visa), then you can PROBABLY apply for her. But be careful, it might be advisable to submit the adjustment of status forms with the I-130.
Hello Sir. Ive a tourist visa and always used my visa to visit the us for short períods of time. My husband who s a us citizen filed a petition for me last sept. It was approved by uscis and now we are waiting to hear from the nvc. Can I travel to visit my husband or would it be better to wait? Thanks.
You can travel, but it can be risky because the customs officer might not believe that you only intend to visit. You need to demonstrate that you have non-immigrant intent (the intent of a tourist) because the officer knows that, if he allows you into the US, you can apply for adjustment of status.
Hello, thank you for your video. I have a question, please. I am canadian and married a US green card holder one month ago, he is now preparing the i-130 form to send it, but I would like to go for 3 months maximun. Is that possible? Does it bring any problems once the form is sent? Or can I visit the US after the i-130 form is sent?
You can continue to visit the US after the I-130 is pending, but CBP might question you about the pending I-130 and it will be your job to demonstrate non-immigrant intent, which means you need to prove that your intent is MERELY to visit and that you plan on leaving the US within the 90 days. It's a good idea to bring evidence of your ties to Canada and reasons for leaving (such as an employer letter, evidence of obligations in Canada, etc.). Entry to the US under these conditions is not guaranteed.
@@asishsamie346 yes I went there for 2 months (mar 4th to May 6th 2023) and they just made sure that I had my return ticket and asked me why I was going for so long.
@elizabethtejada6834 thanks so much ... My i130 is still pending but i m planning to visit my spouse so wanted to make sure what all questions border people asked.
You can apply for an F1 while an I-130 family petition is pending, but it can affect the F1 if the officer doesn't beleive that you intend to study in the US.
Does my daughter filing a petition for me mean that on its approval I the mother gain permanent migration status. And 2., shall i travel back to my mother land any time I so wish?
I need more info to answer your question. Are you applying inside the US (adjustment of status), or are you filing while you are abroad (consular processing)? Do you have a valid visa? Did you overstay that visa? If you are applying for adjustment of status in the US, then you absolutely cannot leave the US until either (1) you are granted advance parole, or (2) you receive your green card. If you leave before either of those then you abandon the process.
Can I travel to other countries while my i130 is pending?, For ex I am in india and my spouse has filed i130 , can i visit dubai for 3 months while waiting for the approval? If i do, do i need any documents which uscis will ask from dubai related trip?
You can only depart and re-enter the US if (1) you did not file the I-485, and (2) you still have a valid visa or pathway to re-enter the US. If both of these conditions have been met, then the answer is "you can probably travel, with some risks." It's hard for me to give a more accurate response without more information or a consultation.
Hello sir,My husband has applied i130 for me when he was a green card holder..now he’s an citizen and want me & our baby to visit him there through DS160 ..Will it be ok while my i130 is pending or will it affect our i130 application anyhow if the DS160 got rejected???how can we prove that we just wanna be there for few months?
Complicated question. Yes, it's possible, but can complicate things. The answer depends on the specifics of your life and this type of question would require a full consultation with an immigration lawyer. There is no way to provide an accurate answer in a youtube comment.
Hello sir, I have a question my wife already has a visa interview for an IR1 visa but my son case that is 3 years old is still pending in USCiS is there any way that he can still travel with her mother?
Hello sir! My F1 visa was denied today because on my Ds 160 form I mentioned that my maternal grandfather had field I-30 petition for us in 2010. VO asked m about it and my visa was denied. Now my question is should I reapply to F1 visa and would it effect out pending I-30 please reply sir
Hi Sir, My brother in law is USA citizen. Can my wife and I come to the USA under tourist visa and apply for family reunion from inside the USA and wait till we get green card or the only way is to apply from outside of USA and wait for 10 years ? Thanks.
You can always apply for a tourist visa and don't need a US family member to apply. A sibling petition will take 14+ years and you can't overstay any tourist visit while you wait. Also, he has to be your actual sibling (not brother-in-law). A sibling requires having at least one of the same parents.
Hello sir, my husband is a US citizen and we have already filed our I130, now I have applied again for a tourist visa even though I have a pending petition for a spouse visa, is there any chance that it will be approved for my tourist visa?
Hello sir I have a question about that my Mother and Father are green card holders they applied my I130 can I apply for b1b2 visa while my petition is pending i am a student of Bachelor of Arts my age is 22 years what is the chance to get my visa in India
I am going to make a video about this in the next few weeks. The answer is: maybe. Tourist visas for certain countries are highly disfavored unless you can show that you plan to return to India to wait for the I-130 to finish processing. You need a lot of evidence of your intent to return to India.
Hi. I’m still studying with my college degree. Can I file I 130 to petition my spouse from another country even if I do not have income yet. (Full-time student status) Please let me know. Thank you.
@@DarianLaw Do I as the petitioner(student) , have to file a form I864, or is it just for the joint sponsor? Also, an I864A must be filed together with I864 right? Lastly, do I file Form I130 first before having Form I864 filed by the joint sponsors?
Hello darian ok thank you for the vedio so m y mom dad have ther b1 b2 visa from 2019 and i applied for immigration like last year 2022 june so the i130 is pending can they travel on there visit visa to come see me as i need them to help me out with kids is that ok for them to travel
They can travel with a pending I-130 but their entry is not guaranteed. They might need to convince the CBP officer that the purpose of their travel is to visit the US. They need to prove that they have tourist intent and should bring evidence that they intend to leave the US after their visit.
Yes, you can apply for the student visa but should be very aware of the difference between "immigrant intent" and "non-immigrant intent" before you attend any consulate interview.
Hello Sir. Great information. I am happy to observe that you have replied to most of the queries. This is great 👍 Please guide us also. We are Indian senior citizens parents aged 65 and 60. We have been in Dallas since the 18th November 2021 on a B1- B2 visitors visa. Our son is a US Citizen and he filed for our Green Card in the last week of February 2022. We have received a work permit and Social security numbers on 16th August 2022. On 18th August we received I-693 deficiency notices. We have been clearly advised to submit our Medical I 693 only at the time of Green Card interview or if our interview is waiver intimidation received. Please clear my following doubts 1) When we can expect our Green Card in this situation? 2) We have also applied for Advance Parole. If we receive the same before we receive a Green Card can we travel back to India via Canada? We have a valid Canadian visitors visa. We want to pick up my mother from Canada for our return trip to India. 3) How many days can we stay out of the USA on Advance Parole? Your valuable advice is awaited . Thanks in anticipation 🙏👍
I'm glad to hear that everything is going well. Do not submit your medical exam now - wait until USCIS schedule an interview OR (more likely) sends you a "Request for Evidence" specifically requesting that you mail the medical exam to them. You must wait until one of those things happens before you submit the medical exam. If you applied for the I-131 along with the I-485 and I-765, then typically the advanced parole will be issued on the work permit (EAD) card. The bottom of the EAD card should say something like "serves as I-512 advanced parole." If your EAD includes these words, then you can travel and use the card to re-enter the US. I always discourage unnecessary travel because re-entry is not 100% guaranteed. I generally recommend travelling for less than 1 month. Hope this helps.
@@DarianLaw Thanks for replying. We have already received EAD and at the bottom of EAD card it is specifically mentioned that "NOT VALID FOR REENTRY TO USA". Also advise that it's absolutely necessary for us to return to India via Canada ( 3 to 4 days stay in Canada to pick up my mother). I need dental treatment and it may require more time because. As advised by my dentist here in Dallas that the treatment is too costly here and also time consuming. Therefore we are waiting for our AP. Thanks again.
I'm confused. Are you in the US with a pending I-130? If you are out of status (inside the US), then you probably cannot leave the US without triggering an unlawful presence waiver bar. Also, you cannot fix your status if you are out of status inside the US unless your husband is a US citizen - permanent residence is an insufficient category for this type of adjustment of status. I am going to make a video about this situation in a few weeks.
@DarianLaw I am in India and my husband is in US and he is having greencard(permanent residence) and we applied for greencard its in process rightnow ,my question is can I travel by visit visa(b1/b2) to stay there for 6 months in US
Hello sir I am a green card holder and I filled the I-130 and I-130A forms for my husband in 2022 outside of United States. Can I apply the form B1B2 visa for him to come to visit me while our Form I-130 is pending. Thanks
It is possible to get a B2 visa while an I-130 is pending, but the consular officer (or CBP officer) might not believe the purpose of your spouse's entry is to "visit" the US. The B2 visa will likely be denied if the consulate or CBP believe that your spouse's intent is to permanent live in the US.
Hi Darian My wife and I got married back in December last year. After we got married, I returned to the United Kingdom and my wife applied for a Form I-130, Petition for Alien Relative on my behalf. I plan to visit her next month using my still active ESTA. As long as I can prove that I still live and work in the UK, am I likely to be accepted? Every other time I've entered the USA I have left well before expiration of my ESTA.
If you are able to convince the customs officer that your intent is to visit and leave within the 90 days then you should be permitted to enter. Evidence of ties to the UK (job, house, obligations) is strong evidence in support of your intent to visit, but there are always some risks associated with travelling as a tourist. I assume that you married your wife in the US while on an ESTA entry, so the fact that you left (instead of overstaying and applying for adjustment of status) should also be a positive discretionary factor (in my opinion).
@@DarianLaw Wouldn't a return ticket suffice? Or would we have to provide our rental contract as well? Seems a bit over kill. Once we apply, we'd still like to visit our family in the usa but we live in Europe for the long term at the moment. Is there a specific rule anywhere stating that a person who has filed for the i30 can't visit on an ESTA? Also do you do virtual consulting? Would love to use your services in the future.
Solid advice
Such a great video! Thank you!!
I have a question please. I am a U.S. citizen and want to apply my father a greencard. Right now he is in Thailand taking care of my son who was born here. My father already has a travel visa as he visited here before. I plan to take my son here next year in April and wanted to apply my father a greencard. If I apply I-130 now thru consular processing and I-130 is still pending or my father doesn’t hear from consulate there, can he travel and enter the US with me and my son? Or should we wait until he is here and We apply form I-130 and I-485 together?
Thank you very much. Appreciate your response
Very good information
F4 is waiting very long and F2B is pretty long.If i apply R-1visa , consular will deny visa.
What could be the possible consequence if the officers says you can't enter to US?
Good day My i130 is pending I’m a South African married to us citizen we have a child when I filled I was in Us I lost my sister I travelled on emergency traveling documents on my back to US I had issues I’m with my daughter I been trying to come to ever since what can I do ?
my sister in law has applied for I-130 petition for us in usa.
almost 8 years have passed but we still have no idea how long it will take more.
Can i apply for NIW visa usa?
This is a great topic. I have a situation where I'm doing AOS and us citizen husband is filing for my minor son who lives in a foreign country. My son has a valid visa but we are so scare to let him visit because my husband filed the I 130 for him and its still pending. My AOS is also still pending.
Thank you for your comment. I see similar situations all the time, and I know that family separation can be difficult. It may be possible for the son to visit on the visa without affecting the I-130.
@@DarianLaw sir, this first time i have seen such a professional video about 1-130. My question is that i petitioned for my son I-30 bout 2 years before my slf as a mother from texas my son's service center where his petition submit is from calofornia recently we talked to immigration atterney he said now your time will start it means 4 years he will wait my question is that where were 2 years gone when i submitted his petitiosTpsMsBLkRkbiE7n in 2019 .
@@syedadurdana8381 The categories for unmarried sons/daughters can take several years. You can see the updated visa bulletin here: travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-january-2022.html
My husband applied as a pr of usa In November 2022 in July 2023 he become citizen how much time it will take I have 3 year old son our i130 is under process but can we still go to visit as he couldn't come to India after pendamic 😢😢😢😢
Hello sir does a humanitarian asylum for beneficiary in another country can affect the cr1 visa ?
I mean if the beneficiary he lives in another country not in his own country and he applied for humanitarian asylum there while his wife applied for i130 for him
Can that be a problem to affect the result of the cr1 visa ? Thank you
Hi if you have overstayed in portgugal and go there for a holdiday will you face any issues ?
Hi my husband is a green card holder in 🇺🇸 he applied i-130 and he received recept notes but it's now 7month without getting pending message. What could be the problem
Hello i have i130 petitin pending n applied for tourist visa but i hve home ties to my country i have agriculture land in my name should i take the documents in interview
Hi. Thanks for your video and explanation. I have filed an i130 for my senior mom about 2 months ago. I haven’t received the receipt of notice as yet. My mom wants to visit me, as I just bought a house. How would she be able to show evidence to the custom and immigration agent since she’s retired. She’s 75. Any advice is appreciated.
It would be best if she can show evidence of ongoing obligations or a reason to return to her home country. For example: a house, a dog, or financial obligations can be used as evidence of intent to leave the US after a visit.
Hello,
So my wife having an visitor visa interview next month and i am PR of united states,i already put a i-130 for her back in dec 2021 but stil it’s pending. So my questions is that she can able to get visitor visa her ties to her country ,actually she is a dentist and she worked in a clinic so pl. advice what chances she be having to get us visa
Good day.
How about the other way around:
Can the the sponsor/petitioner (A US citizen) visit the beneficiary to her country of residence (which is Canada) while I-130 is being processed?, will that have bearings on the petition?.
Also, if the beneficiary already have a Tourist visa, prior to filing I-130,can he/she still come to the US to visit his/her spouse while I-130 is unde process?
The answer to your first question is: probably (almost certainly) not. And yes, a tourist can still visit the US with an I-130 pending, but might need to explain the tourist intent behind the visit to CBP. Entry is never guaranteed for tourists.
@@DarianLaw
Just to make sure: visiting the beneficiary in Canada while I-130 is under process is ok and will not have issues?
@@Gh1g15 That is generally correct.
@@DarianLaw thank you.. more power to you sir. Appreciate this kind of assistance you are giving.
Hello sir! Please respond to me. My brother is getting married on March in the US. I really want to go but I have my i-130 pending visa. However, I also have my tourist visa way back 2016 and it’s valid until 2026. Am I allowed to visit using my tourist visa while my I-130 is pending? Please help me.
Hello sir! My husband and I are trying to file the I-130 by this month, I’m a korean citizen living in Korea and he is in the military currently stationed in Germany. My friend is getting married in November so I was planning to go see her for a month with esta visa but before I file the I-130 I was wondering if applying for esta and going to the states will be a problem while the I-130 is pending.
Yes, it might be. I strongly recommend not filing the I-130 yet and speaking with an immigration attorney once you are in the US. You may have other options available other than consular processing.
Hello,good information.Please I will like to know if i can travel to another country while my documents are still pending
It's risky, but possible. It depends on many variables so I need to learn more before I can advise. Do not travel without consulting with a lawyer and explaining your situation.
@@DarianLaw my father is a US citizen and filed a petition for me to come to the states but my case has been pending for two years, I’d like to visit a friend in India for a month but I don’t know how that might affect my pending documents,my dad is in Pittsburgh and I’m in Ghana
@@jacobmiller1967 Oh, if you aren't in the US then it does not matter whether or not you travel. You will need a police clearance certificate from every country you have visited since age 16.
@@DarianLaw this is great news,thank you very much for your advice, I really appreciate you for your time and response.
Can a person from Nicaragua apply to advanced humanitarian Parole if his mother submitted an I-130 form on his behalf two years ago? Checking the status on USCIS the only application status message is that USCIS received the application.
Yes. Somebody can file the I-134A for him and he can continue with the I-130 process after he's in the US.
My brother is a US citizen and he is applying I130 petition for me. I live in pakistan. Can u please tell me that how much tine will all the process will take? When will I get visa.
When your I130 is pending while you are in the USA never and ever travel outside the USA never leave the country before finishing the process of not uou will not be able to come back to the USA and you will be forced to wait in your country till the end of the process . I have experience
Hi darian!
I wonder if you can help:: a friend of mine has SIJS petition submitted but it's in a student visa and wants to travel. Would this be considered fraud or is it okay to reenter the US as a student if the visa is valid, if they are doing college and traveling for study purposes (conference, study abroad etc)??
Great question - travelling after filing a SIJ petition can create risks when you try to re-enter, especially if CBP questions you about whether you intend to permanently live in the US (which is not allowed on a student visa). I take a conservative approach and would advise against travel in an overabundance of caution.
Hello Sir. First of all thank you so much for the detailed explanation. You explained visitor visa secnario really well. I am in a similar situation, only difference is I am in an H1B Visa. My i-130 is in process. Do you recommend traveling?
One concern I see is I gave my current i-94 record number in the i-130a form that my spouse submitted in the i-130 application. But if I travel I will have a new i-94 record number when I return back. So there will be a mismatch of i-94 record number between i-130 and i-485.
Will this be an issue?
Thank you in advance for the help. Really appreciate it. :)
H1b is dual-intent visa, so you can have a pending I-130 without problems. A pending I-130 should not create problems when travelling on an H1b visa.
Don't worry about a mismatch of I-94 records. It will not affect anything.
Thank you soooo much for the quick reply Sir. You are awesome. 🙏🏻🙏🏻
Hi , I know this is a bit off topic… but I have one question .my sister had her student visa denied twice but she still has her tourist visa. Would she be able to still come and visit me? Would that make it hard for her to come and visit me legally? Thank you!
She can try to enter with the tourist visa if it's still valid. As always, she should come with evidence showing that she plans to leave after a visit.
Great video!
I have a question. My husband is applying for his parents to get preeminent residency I-130. But they have interview scheduled in September to get tourist visa with intend to just visit us for few days and go back out of USA until their I130 is approved. By them going in September for an interview for tourist visa is it only going to increase the chances of being rejected for tourist visa or is it going to mess up something in the process? If they are just going to get rejected (most likely) we are okay with it but if it’s going to complicate the process for I-130 should we then cancel the tourist visa appointment?
Thank you so much !
It depends on the reason why the tourist visa gets denied. For example, the family petition can remain unaffected if the tourist visa is merely denied because the applicant failed to bring enough documentation of intent to visit. But the family petition process can be affected (or a waiver required) if the tourist visa is denied due to fraud or other serious issues.
@@DarianLaw
Understood!
Thank you
And just to make sure being in the process for tourist visa and I-130 at the same time doesn’t impact one another in them of doing something wrong?
Thank you so much !
@@magicgroup8629 The tourist visa can be denied, and tourist entries can be denied. The I-130/consular process can be denied for reasons such as fraud if a fraud determination is made. It's very hard to accurately answer this question without a long conversation.
Did he get it?
Hello, Sir. Thank you for this video. My immigrant petition from my sister got DQ last Aug 2021. I still have an existing multiple tourist visa. Can I still visit the US?
Thank you for your response.
Yes, but the officer must believe that the intent of your visit is for tourism.
I had a question sir! My brother petition his son more than 10 years ago, why it took so long? My brother is already an American citizen, his son has no bad record or anytging, his a good boy. He don't get married because he knows it would take longer to petition a married children, but still in waiting for more than 10 years now, what's going on? Thanks if u respond me immodestly. I am so confused and curious about his situation....again thanks a lot!
I need to review the paperwork to actually answer this question. The typical waiting period for unmarried sons of US citizens is 8+ years (for MOST countries), plus the processing time at the consulate which can be 1+ years. Hopefully this is resolved soon. See the current visa bulletin for category F1 travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-november-2022.html
Hi! My husband is an us citizen and he is suffering from aggressive leukemia i'm waiting for my I130 but i'm in emergency case to be with him ASAP ,the consulate here in my country doesn't answer us we still waiting for an appointement for B1/b2 emergency visa 😔
Your husband should contact his congressperson to try to accelerate the B-2 process. Most members of congress offer assistance with federal agencies through their websites.
@@DarianLaw thx for ur answer! but wht u mean by his congress person and if it's possible how can he contact a congress person?
@@chaimaaouine4768 Where does he live in the United States? City and state?
@@DarianLaw he lives in Brooklyn, New York
@@chaimaaouine4768 Okay, one of his congressional representatives for Brooklyn is Hakeem Jeffries. Use this website to request help from Congressperson Jeffries: jeffries.house.gov/serving-you/help-with-a-federal-agency/
Your husband should fill out that form and submit the request. The congressperson's office should contact your husband with further instructions and should look into this issue on your husband's behalf. Good luck with everything!
Hello, Your video is very helping. I have an issue. My spouse and me are foreign student in Germany. My brother is USA citizen and my parents are USA green card holder. My brother did family petitions for me which is still running from last five years. We want to visit my parents. Will it be wise if my husband and me apply for USA tourist visa at this moment? Thanks
The answer to your question is complicated. Generally, a tourist visa will not affect the processing of a sibling petition, but it's always the tourists job to prove that the visit is for tourism-purposes only.
@@DarianLaw Thank you so much.
I have a son who's petition has been approved.but still waiting for his proirity can he travel to visit me.?
Technically speaking, yes he can visit. In reality, he might not be permitted to visit if the CBP officer thinks that he might overstay his visa.
Hello, I’m US citizen and the I-130 petition of 10 year old child was approved last December. Is it possible to get B1/B2 for her so will just do the Adjustment of status here in the US? thanks for your answer.
I would not apply for the B2 now unless the intent is purely to visit (and to further pursue the I-130 at a later time). This is a very complicated question for a variety of reasons. If somebody already has a B2 visa and enters the US to visit, then that person may change their mind and decide to adjust status. However you cannot obtain a B2 visa for the purpose of entering to adjust status. Doing so may be considered fraudulent intent at the moment of entry. I have several videos discussing immigrant vs non-immigrant intent that you should check out.
Watching from Thailand
I have tourist visa this is a second tourist visa for me but my second tourist visa will be expired in October 2025. Should i reapply my tourist visa now or wait until expired. The key point i just got with my husband (greencard holder) in May this year. I am afraid if i apply new tourist visa beforeits expired they wont give me visa and i dont want the embassy cancel my tourist visa that i already have. Now i am confused. What should i do? Please advise. Thank you for your reply.
Hello Sir .. My friend is in US on tourist visa with wife and children’s . His sister is US citizen . i want to know that . is it possible that she can file I 130 and help him to get green card. if possible how long it will take. if not what other options are ? he don’t want to leave US now . appreciated your response .. Thanks
Thank you for your comment. Sibling petitions can take 14 years or longer for most countries. See family-sponsored preference cateogry F4: travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-november-2021.html
Yup that person cannot stay longer than(approx 6months if it's a tourist visa) that would mess up any opportunity to get legal status to stay permanently. Your love one needs to leave the country unless it a special case like asylum/ refugee or marriage. All the best tho
Hello sir, i've a l-130 petition pending on F2B, I actually study in a Foreign countru. If I pay the school for one year in advance Can i get the visa to visit my mom in US and come back to continue my studies ?
I think you're confusing a tourist/visitor's visa with a student visa. If you just want to visit then you would need to apply for a tourist visa (B2 visa). Yes, you could visit with a B2 visa and return to your studies.
I'll be having my interview for my J1 US visa soon. Will I have a problem if I have an I-130 family petition applied last 2020? Super appreciate your reply.
You need to prove that you intend to leave the US after your J1 expires. If you can prove this, the consular officer should not use the pending I-130 to deny your J1.
@@DarianLaw What if it’s my sister-in-law who filed the alien relative petition for my husband which only makes me and my kids his beneficiary? Will I still have problems with my J1 visa application?
Thank you so much, Darian!!!
I have a question. i have a pending i130 by my brother, a few weeks ago i applied for a tourist visa and got denied because i selected the option to stay for a year as i wasn't sure what to pick. Now i have specific travel plans even got tickets for 2 weeks and reapplied, interview is in a few days, do you think they can accept me now? I'm going with my nephew and he got accepted last time. Thanks.
side note: how long can it take for a i130 to get accepted? New york.
An I-130 for a SIBLING can take longer than 15 years! I will be posting a video about this in a week or 2.
Your tourist visa can be approved if the consular officer believes that the purpose of your trip is to visit. Sometimes you need to apply several times before you are finally approved. Good luck!
Did you get your tourist visa?
What questions did they ask you?
I petition my older sis in 2022
She tried to get tourist visa in 2023 ( denied) she tried again in (Jan/2024, denied) and interviewer didn’t tell the exact reason why it’s denied. She tried to come and help me out since I’m pregnant and will be due in Feb/13/2024. I’m just trying to get more different cases of people to see if my older sis still have chance to pass tourist visa interview
Thanks in advance if you can answer
hi!
my husband currently is in the process of getting a h2b visa while his i130 is pending. will this mess up the i130 process? will he have to do his interview here in the US?
No, it won't mess up the I-130 process. The interview location is usually at a consulate, but it depends on how you file the paperwork and your life circumstances.
Hello Sir My Brother Is A US Citizen and He Submitted my Petition for I 130.But I am Confused that what Will be The Complications and What Senorios Will Effect The Process.?
And One Final Question how Much Changes i Have i can Get A US Visa Through I130?
I-130 sibling petitions are the slowest category and the waiting process is 14+ years for most countries. The I-130 does not help you to get a tourist visa.
Great video sir,
Please I have a very important question regarding this topic but it's similar with what's already said.
How possible and what are the chances and the possibility of getting into U.s with a tourist visa to visit my wife since my i-130 is still pending.
It's very difficult to say without knowing all of the circumstances of your case.
We already applied for B1 B2 visa before my wife filed i-130 form and right now NVC has documentary qualify our case so we are waiting for interview which is taking longer than expected but now I want to visit my wife for our marriage anniversary with my B1B2 visa which is in queue already for an interview but it's a bit far and we want to expedite the appointment.
@@mrpushh It is possible to do that, but requires demonstrating that you truly intend to visit only for tourist purposes until the NVC finishes processing your case. In my experience it can be difficult in some circumstances to get a tourist visa when you are that close to entering the US as a permanent resident.
I’m in the exact same situation as you. And I just got my b1/b2 visitor visa approved!! My husband only filed for the I130 petition AFTER I applied for the b1/b2 visitor visa, for which the interview kept getting delayed. My petition got approved and I’m waiting for the next steps in the process. In the mean time, I just had my b1/b2 visitor visa interview this week and I disclosed to the interviewer that I have another petition pending but I have no immigrant intent and do not plan on staying there on the b1/b2 visitor visa. I explained that I only plan on moving to the states once my I130 case is complete. In the mean time I’d like to visit my husband for a week with the b1/b2 visa. I took proof of me coming back to my country, like the rental lease agreement from my landlord which said I had another year in the contract and I also took my employment letter which clearly stated that my position in the company is full time and permanent. So I explained that I have this full time job to come back to and hence have no immigrant intent with this Visitor visa. And the interviewer approved my visa.bSo I’d advise you to just take some strong proof of you not planning on cutting ties with your home country.
@@fatimadaya8736 Well done! You were able to demonstrate why you need a tourist visa while your family petition is pending, and that the purpose of the immediate trip is for tourist purposes. Thank you for sharing your experience as it may help others who are in a similar situation.
Hello,
Can I apply for a J1 visa while under petition from my mom?
I'm a daughter, 27 years old, single.
Yes, it is possible to get a J1 while an I-130 is pending.
Hello,
I’m an US citizen. I have applied for my parents a few months ago and the cases are pending. I have a plan to move to Canada. Should I postpone it and live in the USA till their cases ( I-130) are in process?
Yes you should continue to live in the US until they become permanent residents because you will eventually need to fill out the I-864 and that form requires demonstrating that you are domiciled in the US.
@@DarianLaw thank you for the response. May someone else fill out that form or only the applicant has to do it? If I leave the country, is it acceptable that my cousin to be their sponsor?
I have a question. How long does it take to approve i 130 for spouse California service center ? I apply for her in March 31 2021 ?
Less than a year for spouses of US citizens
Thank you so much for the speedy reply 😊 what about for the green card holder ?
??
I am a green card holder ?
@@savidafridi8745 Currently there are similar processing times for spousee of green card holders, but that is not an immediate relative category and you need to be super careful. Minor mistakes in that category can be very unforgiving.
Good afternoon Dr I have a doubt I am a permanent green card holder and I would like to apply the I-130 for my brother who is Brazilian, he already has the B2 tourist visa, if I apply for him, can he live here, work and be able to go to Brazil while his case is pending?
or when the period of 6 months ends he will have to return to Brazil?
Thank you
No - for several reasons. (1) a permanent resident cannot petition for a brother/sister. Only a US citizen can petition for a brother sister. (2) Even if you were a US citizen, your brother cannot live and work here while the process is pending. The process also takes around 14 years for siblings, and he would need to comply with US immigration laws during that period (no overstaying).
If an adult overstays a tourist visa, there are 2 categories of family-based green card which can "cure" the unlawful presence in the US: (1) US citizen spouse, or (2) US citizen son/daughter who is over age 21.
@@DarianLaw Thank you very much your information is very valuable, I have one last question if you know how to answer me I will be immensely grateful, if a person who has applied for the I-130 and during the waiting time finds an American citizen to marry, the person can apply for a green card through marriage already having an I-130 in progress?
@@Guillhrme Yes, the pending I-130 will not affect the marriage green card process.
Can my US spouse file petition while on waiting on a J1 visa waiver
My wife absconded with my 2 minor kids from India to US without my consent. Judicial Separation, RCR, Child custody cases are still pending in Indian Court. What can i do now to deport her back to India. I have visitation rights. Please provide your suggestions. Thanks.
You probably want to speak with an attorney who focuses on family law - particularly international family law and the hague convention.
Thanks so much sir for the great video...please help a sister here am a Kenyan citizen my husband who is a usa citizen applied for the I 130 last year October which has been actively reviewed I applied for a b1/b2 visa appointment to visit my husband which am to attend next week, today they have approved my i130 what are the chances of getting a tourist visa with an approved I 130 ?? Please help a sister
It's possible to get a tourist visa with a pending/approved I-130 if the consular officer believes that your CURRENT intent is to visit (despite planning to eventually move to the US). You will need to convince the officer that you do not currently plan to live in the US and that you only plan to visit. For example, I had a client who had a government contract in India for 2 years and was able to get a tourist visa despite having a US citizen wife and an approved I-130.
My wife applied for i 130 she is citizen she visited to me last month but in feb we have anniversary so i applied visit visa to visit her and spend few days with her for my wedding anniversary my interview is on 19 jan should it be ok? Or its effect my i 130?
It can be okay, but be prepared to explain your intent to be a tourist to the CBP officer when you fly to the US (because those officers can see that an I-130 family petition is pending). This can be a little complicated, but is definitely possible. Work with a lawyer to create a plan so your tourist entry has a higher chance of success.
Sir i have a question my father leaves in us he already applied i30 for me but now i want to apply f1 and my agency will be sponsors me so my question is if interviewer ask me who gonna sponsored you than what should i tell? Cause my father Won't sponsored me can i take agency name? If they asked why Don't ur father sponsored you then what should i tell?
will it be get any problem to get visa?
An I-130 and an F-1 visa are not incompatible, but you need to explain that the purpose behind the F-1 entry is to study (and that you will eventually process the I-130 at some time in the future).
Hello. I have a tourist visa and my mother want to apply i130 petition and she want me to stay in us until petiotion get approve. It is ok to stay in us while waiting for the petition. And the is any other way to get the approval faster. Thanks
Is your mom a US citizen or a permanent resident? Are you under age 21 and single?
@@DarianLaw hello she is US citizen and she is applying for 21 older and single.
@darian immigration law my child is already in US and she will be overstay and wait the petition inside US. What will happen on the petition if she will be overstay.
Hi Darian, thanks for a detailed response. My sister, US citizen, had applied for family immigration in 2021. And now I will be applying for my F1 visa, would you think this could cause some kind of hindrance. Obviously the intent to finish off my grad school and return once the degree is finished. Thanks
The fact that your sister applied for permanent residence (or has a pending family petition) should not affect your application for an F1 visa.
@@DarianLaw Thanks for the response, although she has also filed the I-130 for me as well, and I would have to disclose this when filling out the DS-160.
@@DarianLawplease was your F1 visa approved?
Please, was your visa approved?
@@ria_jacks yea I got it approved last month
My mom is currently in USA. Can I apply for I-130 form to gain her permanent green card?
If you are a US citizen and are over the age of 21, and your mother entered the US legally (with a visa), then you can PROBABLY apply for her. But be careful, it might be advisable to submit the adjustment of status forms with the I-130.
Hello Sir. Ive a tourist visa and always used my visa to visit the us for short períods of time. My husband who s a us citizen filed a petition for me last sept. It was approved by uscis and now we are waiting to hear from the nvc. Can I travel to visit my husband or would it be better to wait? Thanks.
You can travel, but it can be risky because the customs officer might not believe that you only intend to visit. You need to demonstrate that you have non-immigrant intent (the intent of a tourist) because the officer knows that, if he allows you into the US, you can apply for adjustment of status.
@@DarianLaw thanks alot for taking the time to reply to my msg.
Hello, thank you for your video. I have a question, please. I am canadian and married a US green card holder one month ago, he is now preparing the i-130 form to send it, but I would like to go for 3 months maximun. Is that possible? Does it bring any problems once the form is sent? Or can I visit the US after the i-130 form is sent?
You can continue to visit the US after the I-130 is pending, but CBP might question you about the pending I-130 and it will be your job to demonstrate non-immigrant intent, which means you need to prove that your intent is MERELY to visit and that you plan on leaving the US within the 90 days. It's a good idea to bring evidence of your ties to Canada and reasons for leaving (such as an employer letter, evidence of obligations in Canada, etc.). Entry to the US under these conditions is not guaranteed.
@@DarianLaw , I got it, thank you so much for your response!
@elizabethtejada6834 hi did u visited ur spouse in US?
@@asishsamie346 yes I went there for 2 months (mar 4th to May 6th 2023) and they just made sure that I had my return ticket and asked me why I was going for so long.
@elizabethtejada6834 thanks so much ...
My i130 is still pending but i m planning to visit my spouse so wanted to make sure what all questions border people asked.
can i apply my f1 visa while my family petition is pending which was filed by my aunt for my mother? will it impact my chances?
You can apply for an F1 while an I-130 family petition is pending, but it can affect the F1 if the officer doesn't beleive that you intend to study in the US.
@@DarianLaw How do you convince the officer? Any tips?
@@Siddiq_munii It depends on the circumstances of your life. You should consult privately with an immigration lawyer for personalized advice.
Does my daughter filing a petition for me mean that on its approval I the mother gain permanent migration status. And 2., shall i travel back to my mother land any time I so wish?
I need more info to answer your question. Are you applying inside the US (adjustment of status), or are you filing while you are abroad (consular processing)? Do you have a valid visa? Did you overstay that visa? If you are applying for adjustment of status in the US, then you absolutely cannot leave the US until either (1) you are granted advance parole, or (2) you receive your green card. If you leave before either of those then you abandon the process.
Can I travel to other countries while my i130 is pending?, For ex I am in india and my spouse has filed i130 , can i visit dubai for 3 months while waiting for the approval? If i do, do i need any documents which uscis will ask from dubai related trip?
You can only depart and re-enter the US if (1) you did not file the I-485, and (2) you still have a valid visa or pathway to re-enter the US. If both of these conditions have been met, then the answer is "you can probably travel, with some risks." It's hard for me to give a more accurate response without more information or a consultation.
Hello sir,My husband has applied i130 for me when he was a green card holder..now he’s an citizen and want me & our baby to visit him there through DS160 ..Will it be ok while my i130 is pending or will it affect our i130 application anyhow if the DS160 got rejected???how can we prove that we just wanna be there for few months?
Complicated question. Yes, it's possible, but can complicate things. The answer depends on the specifics of your life and this type of question would require a full consultation with an immigration lawyer. There is no way to provide an accurate answer in a youtube comment.
Hello sir, I have a question my wife already has a visa interview for an IR1 visa but my son case that is 3 years old is still pending in USCiS is there any way that he can still travel with her mother?
Is your son a US citizen? Your son might be a US citizen if you are the biological father and if you were a US citizen when your son was born.
otherwise i strongly recommend contacting your local congressperson to try to accelerate the I-130 with USCIS, because that's a necessary first step
Hello sir! My F1 visa was denied today because on my Ds 160 form I mentioned that my maternal grandfather had field I-30 petition for us in 2010. VO asked m about it and my visa was denied. Now my question is should I reapply to F1 visa and would it effect out pending I-30 please reply sir
Re-applying for the F1 typically doesn't affect a pending I-130.
@@DarianLaw thanks sir should i mentoined pending 1-30 on my ds 160 form or not?
@@labwork9505 Yes, it's a bad idea to lie or conceal information.
@@DarianLaw ok thanks for ur time hope your channel grow faster
@@labwork9505 did you get it?
If I apply for my husband for marriage visa and at the same time if I husband (outside of US) applies for student visa, what are the chances?
That's hard to say without knowing more. I would prefer to pick a single route.
Hi Sir,
My brother in law is USA citizen. Can my wife and I come to the USA under tourist visa and apply for family reunion from inside the USA and wait till we get green card or the only way is to apply from outside of USA and wait for 10 years ?
Thanks.
You can always apply for a tourist visa and don't need a US family member to apply. A sibling petition will take 14+ years and you can't overstay any tourist visit while you wait. Also, he has to be your actual sibling (not brother-in-law). A sibling requires having at least one of the same parents.
@@DarianLaw Thank you .
Hi sir. I'm from the Philippines, and my husband filed for i- 130. Can i travel to Japan to visit my mother while waiting for the interview?
This is hard to answer in a youtube comment - you should actually speak with a lawyer. Are you on a visa in the US? Did you file the I-485?
Can a PhD student from Pakistan come here with her husband and kid on a family visit visa on I130?
Yes it's possible.
Hello sir, my husband is a US citizen and we have already filed our I130, now I have applied again for a tourist visa even though I have a pending petition for a spouse visa, is there any chance that it will be approved for my tourist visa?
Yes there is a chance but it's difficult. See this video on the subject: ua-cam.com/video/AR1CSS6OmH0/v-deo.html
Hello sir I got married in Sep 2021. I filed petition in Feb 2022. Can my husband visit or stay with me while he waits? If so please tell me how
This is a complicated question, but the short answer is that he might be able to stay with you while he waits if he has a tourist visa.
Hello sir I have a question about that my Mother and Father are green card holders they applied my I130 can I apply for b1b2 visa while my petition is pending i am a student of Bachelor of Arts my age is 22 years what is the chance to get my visa in India
I am going to make a video about this in the next few weeks. The answer is: maybe. Tourist visas for certain countries are highly disfavored unless you can show that you plan to return to India to wait for the I-130 to finish processing. You need a lot of evidence of your intent to return to India.
Hi. I’m still studying with my college degree. Can I file I 130 to petition my spouse from another country even if I do not have income yet. (Full-time student status)
Please let me know. Thank you.
Yes, you can. You will eventually need a joint sponsor who can show sufficient income.
@@DarianLaw thank you. ☺️
@@DarianLaw Do I as the petitioner(student) , have to file a form I864, or is it just for the joint sponsor?
Also, an I864A must be filed together with I864 right?
Lastly, do I file Form I130 first before having Form I864 filed by the joint sponsors?
Hello darian ok thank you for the vedio so m y mom dad have ther b1 b2 visa from 2019 and i applied for immigration like last year 2022 june so the i130 is pending can they travel on there visit visa to come see me as i need them to help me out with kids is that ok for them to travel
They can travel with a pending I-130 but their entry is not guaranteed. They might need to convince the CBP officer that the purpose of their travel is to visit the US. They need to prove that they have tourist intent and should bring evidence that they intend to leave the US after their visit.
My i130 is pending.can i apply for student visa in USA?
Yes, you can apply for the student visa but should be very aware of the difference between "immigrant intent" and "non-immigrant intent" before you attend any consulate interview.
Hello Sir.
Great information. I am happy to observe that you have replied to most of the queries. This is great 👍
Please guide us also.
We are Indian senior citizens parents aged 65 and 60. We have been in Dallas since the 18th November 2021 on a B1- B2 visitors visa.
Our son is a US Citizen and he filed for our Green Card in the last week of February 2022.
We have received a work permit and Social security numbers on 16th August 2022. On 18th August we received I-693 deficiency notices. We have been clearly advised to submit our Medical I 693 only at the time of Green Card interview or if our interview is waiver intimidation received.
Please clear my following doubts
1) When we can expect our Green Card in this situation?
2) We have also applied for Advance Parole. If we receive the same before we receive a Green Card can we travel back to India via Canada?
We have a valid Canadian visitors visa. We want to pick up my mother from Canada for our return trip to India.
3) How many days can we stay out of the USA on Advance Parole?
Your valuable advice is awaited .
Thanks in anticipation 🙏👍
I'm glad to hear that everything is going well. Do not submit your medical exam now - wait until USCIS schedule an interview OR (more likely) sends you a "Request for Evidence" specifically requesting that you mail the medical exam to them. You must wait until one of those things happens before you submit the medical exam.
If you applied for the I-131 along with the I-485 and I-765, then typically the advanced parole will be issued on the work permit (EAD) card. The bottom of the EAD card should say something like "serves as I-512 advanced parole." If your EAD includes these words, then you can travel and use the card to re-enter the US. I always discourage unnecessary travel because re-entry is not 100% guaranteed. I generally recommend travelling for less than 1 month. Hope this helps.
@@DarianLaw
Thanks for replying.
We have already received EAD and at the bottom of EAD card it is specifically mentioned that "NOT VALID FOR REENTRY TO USA".
Also advise that it's absolutely necessary for us to return to India via Canada ( 3 to 4 days stay in Canada to pick up my mother). I need dental treatment and it may require more time because. As advised by my dentist here in Dallas that the treatment is too costly here and also time consuming.
Therefore we are waiting for our AP.
Thanks again.
Hii sir my husband has greencard and me my son we r from India he had already applied for i-130 its in process can i travel to US
I'm confused. Are you in the US with a pending I-130? If you are out of status (inside the US), then you probably cannot leave the US without triggering an unlawful presence waiver bar. Also, you cannot fix your status if you are out of status inside the US unless your husband is a US citizen - permanent residence is an insufficient category for this type of adjustment of status. I am going to make a video about this situation in a few weeks.
@DarianLaw I am in India and my husband is in US and he is having greencard(permanent residence) and we applied for greencard its in process rightnow ,my question is can I travel by visit visa(b1/b2) to stay there for 6 months in US
Hello sir I am a green card holder and I filled the I-130 and I-130A forms for my husband in 2022 outside of United States. Can I apply the form B1B2 visa for him to come to visit me while our Form I-130 is pending. Thanks
It is possible to get a B2 visa while an I-130 is pending, but the consular officer (or CBP officer) might not believe the purpose of your spouse's entry is to "visit" the US. The B2 visa will likely be denied if the consulate or CBP believe that your spouse's intent is to permanent live in the US.
Thank you so much for your answer Sir. He just wants to visit me and go back in his country.
Rite
Hi Darian
My wife and I got married back in December last year. After we got married, I returned to the United Kingdom and my wife applied for a Form I-130, Petition for Alien Relative on my behalf.
I plan to visit her next month using my still active ESTA.
As long as I can prove that I still live and work in the UK, am I likely to be accepted? Every other time I've entered the USA I have left well before expiration of my ESTA.
If you are able to convince the customs officer that your intent is to visit and leave within the 90 days then you should be permitted to enter. Evidence of ties to the UK (job, house, obligations) is strong evidence in support of your intent to visit, but there are always some risks associated with travelling as a tourist. I assume that you married your wife in the US while on an ESTA entry, so the fact that you left (instead of overstaying and applying for adjustment of status) should also be a positive discretionary factor (in my opinion).
@@DarianLaw Wouldn't a return ticket suffice? Or would we have to provide our rental contract as well? Seems a bit over kill. Once we apply, we'd still like to visit our family in the usa but we live in Europe for the long term at the moment. Is there a specific rule anywhere stating that a person who has filed for the i30 can't visit on an ESTA? Also do you do virtual consulting? Would love to use your services in the future.