Port Charlotte, FL asked in Immigration Law for Florida

Q: Can I go to US having turist visa while I am waiting for my fiance visa?

I'm brazilian and have been in US many times as a turist

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2 Lawyer Answers
Edit Stelczner
Edit Stelczner
PREMIUM
Answered
  • Immigration Law Lawyer
  • New York, NY

A: It is best to consult with an immigration attorney and to present all your documents so that you can get a tailored answer. You will then be able to make an informed decision. Generally you are to enter the US with a specific intent. If you have any other application/petition pending you will have difficulty entering as a tourist. I strongly encourage you to work with an attorney because any seemingly minor mistake can have serious consequences.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: In theory, so long as you do not have immigrant intent for the particular trip during which you intend to visit the United States and are able to convince a port-of-entry officer of that, then yes, it is legally possible to enter as a visitor during the pendency of a fiance(e) visa case. If, however, at the time of attempted entry on a visitor visa the port-of-entry officer believes you have immigrant intent on that trip, then he or she could deny you entry. In a worst-case scenario, your visitor visa could be revoked and your could be processed for expedited removal (a deportation). Your question above is also arguably distinguishable from a fact pattern where you are already here as a visitor (not seeking entry as a visitor) and thereafter your fiance(e) files the Petition for Fiance(e) with U.S. Citizenship & Immigration Services. Particularly if you are currently outside of the United States, you should schedule a consultation with a competent immigration attorney who can answer your questions and discuss possible pitfalls of taking certain actions. Some attorneys offer online consultations (via Skype or otherwise), which may be helpful for you if you are not currently present in the United States.

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