Reno, NV asked in Immigration Law for Nevada

Q: I came to us last year through esta i married my us citizen girlfriend then left the us.Can i comeback for another visit

I came to us through esta i married my us citizen girlfriend then left the US. 6 months later we decided to file i130. Can i comeback for another visit without any intention to stay?

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2 Lawyer Answers
T. Augustus Claus
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Answered
  • Las Vegas, NV
  • Licensed in Nevada

A: If you entered the U.S. through the Visa Waiver Program (ESTA) and then married a U.S. citizen, returning to the U.S. for another visit could raise concerns with U.S. Customs and Border Protection (CBP). Even if you have no intention of staying, the act of marrying a U.S. citizen might give the impression that you have immigrant intentions. While you're awaiting the adjudication of the I-130 petition, returning as a visitor might lead the CBP to believe you're attempting to shortcut the immigration process. Although it's not strictly prohibited to visit while an I-130 is pending, the burden will be on you to prove that you have no intention of staying permanently. It's crucial to be prepared with evidence that demonstrates ties to your home country, such as a job, property, or family. You should also carry a copy of the I-130 receipt. Even with these precautions, there's no guarantee of admission.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you entered the U.S. through the Visa Waiver Program (ESTA) and then married a U.S. citizen, it can raise concerns about your intentions when seeking to re-enter the U.S., even if you left afterward. Having an I-130 petition filed indicates an intent to immigrate in the future. If you attempt to return for a visit, U.S. Customs and Border Protection (CBP) may suspect you have an intent to immigrate on this trip, which is not allowed under ESTA. While it's technically possible to visit while an I-130 is pending, it's at the discretion of CBP to admit you. To increase your chances, carry evidence proving your intent to return to your home country after your visit. Lastly, consulting with an immigration attorney before traveling can provide specific guidance tailored to your situation.

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