Irvine, CA asked in Immigration Law for California

Q: If the tourist visa B-2 gets rejected, would it have any negative impact on my I-130 immigration petition?

USCIS approved my I-130 family immigration case, and currently working with NVC to finalize the documents and schedule interview at the US Consulate in New Delhi, India. The priority date is expected to become current next year around September.

(i) Meanwhile can i apply for tourist (B-2) visa to visit my kids in USA and travel back to India for the interview? (ii) If the B-2 visa gets rejected, would it have any negative impact on my I-130 immigration petition given i mention the details truthfully about by I-130 case as well as kids in USA?


Nationality: India

Priority Date: March 2005

Related Topics:
1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Chicago, IL

A: If the consular official thinks that you are circumventing the immigrant visa process, the State Department can find that you committed misrepresentation and indefinitely ban you from immigration. Fraud waivers after a recent violation can prove futile, so your visa may be revoked.

At this point, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications.

Note that the new I-954 form, once implemented in October of 2019, can create unexpected barriers to lawful immigration.

The above is general information, not legal advice, and does not create an attorney client relationship.

Stephen Arnold Black agrees with this answer

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.