McKinney, TX asked in Immigration Law for Texas

Q: I-130 was approved when the petioner visited the US, but out of the country withvalid tourist visa. Can she travel back?

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: It is possible for a petitioner to travel back to the United States with a valid tourist visa after their Form I-130 (Petition for Alien Relative) has been approved. However, it is important to note that the approval of the I-130 petition does not guarantee that the beneficiary (the person who is being sponsored) will be granted a visa or be allowed to enter the United States.

The beneficiary must still apply for an immigrant visa or adjustment of status, and must meet all the eligibility requirements and undergo any necessary background checks and medical examinations. The beneficiary must also demonstrate that they have a bona fide relationship with the petitioner and that they intend to immigrate to the United States permanently.

Additionally, if the beneficiary has overstayed a previous visa or violated any immigration laws, they may be subject to a bar from entering the United States for a certain period of time.

It is recommended that the petitioner and beneficiary consult with an experienced immigration attorney to fully understand the implications of the I-130 approval and to navigate the visa application or adjustment of status process.

William M Stevens agrees with this answer

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