Q: Can someone with a pending I-130 visit the US for a vacation?
Hello,
Quick question... I have a pending I-130 for my husband (he is Italian, I am American and we live in Italy) We sent our I-130 in Dec 2016. We are still waiting for approval but I really had hoped to go home to Florida this year for Christmas. Would my husband be let in to visit? We would buy round trip tickets and he has a valid passport and ESTA as we have visited the US several times.
Thank you!
A: Legally, it is possible for the beneficiary of a pending Petition for Relative (Form I-130) to travel to the United States while the case is pending. One does risk, however, encountering a misinformed U.S. Customs & Border Protection (CBP) officer who may think that the fact alone that the traveler is the beneficiary of a pending I-130 disqualifies that person from entry as a visitor. If one can demonstrate satisfactorily that for that particular trip as a visitor the person has no intention of remaining beyond any authorized period of visitor status to be granted, then he/she should be allowed in. So, the answer is yes, it is possible. However, all it takes is a disagreeable CBP officer to say no.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
