Miami, FL asked in Immigration Law for Florida

Q: Documents are being processed for immigrant visa. I have a U.S tourist visa. Can I travel to the U.S with no problem?

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4 Lawyer Answers
Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: Traveling on a tourist or visitors visa to the United States while a foreign national is a beneficiary of a pending immigrant visa will trigger a dual immigrant intent and the point of entry.

Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: You may not be admitted on your non immigrant visa because you have show immigrant intent.

Linda Liang
Linda Liang
PREMIUM
Answered
  • Immigration Law Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: It is likely that you are to be denied access because the fact that some immigrant visa is being petitioned means that you have immigration intent. A tourist visa cannot be issued or will be revoked if the visa holder has immigration intent.

Kyndra L Mulder agrees with this answer

Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI

A: You need to provide more detail as to what you mean by "documents are being processed" and for what type of immigrant visa. If for example a relative of yours has filed an I-130 and it is being processed then you have not shown "immigrant intent" yet because even if the I-130 Petition gets approved, you may decide not to use it. But if you have already applied for an immigrant visa (ex: paid NVC fees) then you have shown immigrant intent and my colleagues' answers on this platform are accurate that you would likely be denied entry and your tourist visa would be revoked. Best to consult with an immigration attorney before you make a decision. Best wishes!

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