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?

I-130

Nationality: India

Priority Date: March 2005

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • 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

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