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Home » Blog » Entering the U.S. on a Visitor Visa with a Pending I-130 Petition

Entering the U.S. on a Visitor Visa with a Pending I-130 Petition

July 25, 2023 Apply for Green Card Travel Documents

The process to obtain a family-based green card can be a long road. While some qualifying relationships may only take a few months to get a immigrant visa, other can take years. Naturally, it would be nice to visit family in the United States while waiting for the immigrant visa. Unfortunately, it can be difficult to obtain a nonimmigrant visa, such as B-1 or B-2 visitor visas, after filing Form I-130, Petition for Alien Relative. It may be difficult, but it’s not impossible to obtain a visitor visa with a pending I-130 petition.

Will I be eligible for a visitor visa if I have a pending I-130? How should I apply? Which documents should I submit to prove my intent to return? What if I've previously overstayed a visa? Can I adjust status once I arrive in the United States?

This article addresses visits on a tourist visa, but it generally applies to most nonimmigrant visas that prohibit an "immigrant intent." B visitor visas are generally associated with tourists, but there are a variety of reasons that one might travel to the United States with a B-1 or B-2 visa. In addition to pure business trips, a B-1 visitor visa might be used by an athlete (amateur or professional) competing for prize money or the domestic employee or nanny traveling with a foreign national employer. Typically, visitors with B-2 visas are visiting family, touring, or vacationing. But B-2 visitors may also be seeking medical treatments in the U.S.

Visitor Visa Eligibility

To qualify for a visitor visa, you must establish that you do not have an “immigrant intent,” a plan to remain the U.S. permanently. This is a basic component of most nonimmigrant (temporary) U.S. visas. The American government wants to know that you will depart the United States before your visa expires.

Unfortunately, the Form I-130, Petition for Alien Relative , filed on your behalf, signals that you intend to live permanently in the U.S. at some point in the future. Consequently, people with pending immigrant petitions run into more scrutiny when applying for a temporary visitor visa. Individuals visiting the U.S. on a visitor visa with a pending I-130 should also expect additional questioning at the port of entry.

Apply for a Visitor Visa with a Pending I-130 Petition

You may apply for the visitor (B1/B2) visa. However, it’s imperative that you answer all questions truthfully. A lie or misrepresentation of the truth may impact your ability to obtain a green card in the present and many years into the future. When applying for your B1/B2 visa, it’s important for you to establish that you:

• Plan to stay for only a temporary period of time;
• Have binding ties to your home country that prove that you intend to return; and
• Can afford to pay for your expenses during your U.S. trip.

By presenting as much evidence as possible, you can successfully obtain a visitor visa despite having a pending I-130 petition.

Green Card through Consular Processing

Documents to prepare visitor visa application.

Your application for a B-1 or B-2 visitor visa will consist of government forms as well as documents that you collect yourself. The DS-160 nonimmigrant visa application is the primary document.

Not all of the items listed below are mandatory, but it’s critical that you submit strong evidence to prove you intend to return to your home country. Gather the following items when assembling your visitor visa (B-1/B-2) application:

Form DS-160 nonimmigrant visa application

Complete the DS-160 application online on the State Department website . Upon completion, print out the confirmation page (pictured above). The U.S. embassy or consulate will require you to take a copy the confirmation page to your consular interview.

Your passport must have an expiration date that is at least six months later than the end of your intended U.S. trip.

Passport photo

We recommend that you use a photographer who is familiar with the required specifications. See the U.S. State Department’s page on guidance for photo specifications .

Evidence that your trip is temporary

If the purpose of your trip is an event such as a wedding or holiday, it’s helpful to demonstrate that there’s a definitive end. Make sure to include evidence of your intent to depart the United States at the end of your stay, such as return ticket from an airline or other transportation carrier. If you are applying for a B-1 business visa, you’ll need to take additional evidence. Obtain a letter from your foreign employer that describes your job and the scope of your activities while in the United States. The letter should state clearly that:

• You will be paid only from sources outside the U.S.; and
• The organization expects you to return from your trip.

  Take evidence of the event you plan to attend. For example, take promotional materials, flyers, and proof of registration if you will be attending a trade show or similar business event.

Evidence that you will return to your home country

Demonstrate that you have strong reasons to return to your home country for financial and family-related reasons. The idea is to show that your ties to your home country are so compelling that you would never overstay your U.S. visa. Examples of evidence that help prove your case include a home ownership document or long-term lease on an apartment, documents that show relationships with close family members staying behind (such as birth or marriage certificates), and documents showing that a job will be waiting for you upon your return (such as a specially written letter from your employer).

Proof of ability to cover your expenses while in the United States

Provide evidence that you won’t have the need to seek employment or rely on public assistance (welfare) if you travel to the United States. Depending on your situation, examples of documents that help prove this include:

• Bank statements and/or personal financial statements showing you have adequate cash to pay your expenses during the trip.
• Pay stubs or employer letter that shows your current sources of income.
• Form I-134, Declaration of Financial Support , filled out and signed by a U.S. friend or relative. This form shows that you have supporter and will not become a public charge while in the U.S. This may not be required, but it strengthens the application.
• A letter from a friend or family member which states that you are welcome to stay with him or her while in the U.S.

Proof that you met your obligations on any previous visa

If you have previously visited the U.S. with a visitor visa, bring proof (if possible) that you departed the United States before the visa expired. A clean immigration record is further evidence that you can be trusted.

Previous Immigration Violations

If you’ve previously overstayed a U.S. visa or had run-ins with law enforcement, obtaining a visitor visa, especially with a pending immigrant petition, will be very difficult. In fact, visiting from the wrong country can make your visa more challenging to obtain. Visitors from countries with a high rate of visa denials or visa overstays will likely run into a greater challenge. Consult with an experienced immigration attorney if these issues apply to your situation.

Adjusting Status to Permanent Resident

Adjustment of status is the process of applying for a green card inside the United States. Many immediate relatives may be eligible to adjust status. However, intending immigrants should avoid adjusting status to permanent resident soon after entry to the U.S. If your actions are perceived as a misrepresentation can lead to long-term immigration problems. USCIS may view this as a direct violation of the terms of your visa, deny your Form I-485, and possibly consider it a permanent bar to immigration. Individuals should never use a B visa with the preconceived intent to adjust status once arriving in the U.S.

On the other hand, it is possible for plans to change during the course of your trip. As the COVID-19 pandemic has demonstrated, life presents strange and challenging circumstances. Different factors may force you to change your mind about returning home. It is acceptable to adjust status if you initially had a genuine intent to return home but changed your plans.

In the past, USCIS used a "90-day rule" as a guideline to decide how much to scrutinize your decision. Under the 90-day rule, any of the following activities within the first 90 days of entering the U.S. may be considered a visa violation:

• Accepting unauthorized employment
• Enrolling in an unauthorized course of study (without a proper student visa)
• Entering into a marriage with a U.S. citizen or permanent resident
• Filing Form I-485 to adjust status to green card holder

Although USCIS has eliminated the 90-day rule, officers do have the discretion to investigate further if they believe there was a preconceived intent to adjust status. The USCIS officer may dive deeper if they uncover evidence that you willfully misrepresented your intention for visiting. Therefore, many attorneys recommend that their clients wait at least 90 days before adjusting status. It is a cautious approach.

The 90-Day Rule and Adjusting Status to Green Card Holder

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Can you visit the US while your I-130 is pending?

When applying for a visitor visa to temporarily travel to the United States, the most important thing you must do is prove to the government that you do not have “immigrant intent.” In other words, you must prove to the US government that you do not intend to remain in the US beyond the time permitted on your visa, and you must show that you have strong ties and connections to your home country (such as close relatives, land or property, or your own business) which you are unlikely to abandon.

Given this, it is no surprise that applying for a temporary visitor visa when you are currently the beneficiary of a pending I-130–which is the first step toward obtaining an immigrant visa–would be difficult. If your spouse or other family member has filed an I-130, Petition for Alien Relative, on your behalf, then it may be challenging to convince a consular officer that you do not have “immigrant intent” in the US. Nevertheless, it  is  possible to visit the US with a pending I-130, and we have seen many clients do it.

There are many reasons you might want to visit the US while your I-130 is still pending. Most commonly, foreign relatives or spouses of US citizens plan to travel to the US for weddings, family vacations, or due to an illness or medical emergency of a family member. In these cases, individuals who do intend to immigrate permanently to the US at a later date may still have the option to visit temporarily before their immigrant visa case is approved.

Here’s what to do if you are the beneficiary of a pending I-130 and you live in a country that participates in the Visa Waiver Program (ESTA) or you already have a valid B1/B2 Visa:

If you reside in a country that allows you to travel to the US through the visa waiver program (ESTA), or if you already have a valid visitor visa in your passport, you do not need to re-apply to enter the US. If neither of these apply to you, you will need to first follow steps to apply for a B1/B2 visitor visa (see more information below).

If you’re already authorized to enter the US, you should plan to be prepared when passing through customs. This is when you will need to provide documents and possibly complete a short interview with a Customs and Border Protection (CBP) official. There is always a risk that they will not allow you to enter the US due to your pending immigrant visa application.

When attempting to travel into the US as a future intending-immigrant (once you’ve made it to the airport or other Point of Entry), it is a good idea to carry a “pocket letter” from your immigration attorney. This type of letter can help explain to the border officer the purpose of your travel and will address any potential inadmissibility issues that may prevent them from letting you enter the country. The letter should be accompanied by supporting documentation of the event you are attending or the purpose of your trip.

Pocket letters are often addressed to the visa applicant rather than the border officer, though they will be presented to the border officer when the purpose of the trip is questioned. The letter summarizes the purpose and timeline of the trip and reminds the applicant of the requirements they must complete in order to obtain their immigrant visa; for example: “As you know, your immigrant visa interview was recently scheduled for August 15th, 2019. You must return to India to complete your medical exam at least 2 weeks before this date.”

Here’s what to do if you are the beneficiary of a pending I-130 and you DO NOT live in a country that participates in the Visa Waiver Program (ESTA) and you DO NOT already have a valid B1/B2 Visa:

If you do not qualify for ESTA and do not have a valid B1/B2 visa. You must first apply for a visitor visa through the US Embassy or Consulate in your country. At your interview, you must provide documentation of your ties to your home country and your intent to return their immediately following your trip to the US.

A B1/B2 Visa Applicant should provide the following information and documentation at their interview:

• The purpose of the trip to the U.S. is limited to pleasure (no business or income generating purpose)
• The trip is for a specific limited time
• The visa applicant has sufficient funds to cover the trip to the U.S, all living expenses while in the U.S., and the return trip home.
• The applicant must show that they intend to return to their residence outside the U.S.  This is shown by demonstrating they have a residence outside the U.S. that they do not intend to abandon and that they have other ties outside of the U.S.  Family and financial ties in their home country are good examples of their intention to return home.

There is always a chance that the interviewing office will be hesitant to issue a visitor visa to someone who has already applied for an immigrant visa. It is important to be extremely well-prepared and to know what to expect during the interview, as well as at the Point of Entry. You can read more about applying for a visitor visa  here .

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Can I visit the U.S. with an I-130 Petition in progress?

Handling U.S. immigration while having a pending or approved I-130 Petition (Petition for Alien Relative) and understanding your ability to undertake temporary visits to the U.S. can be complex. However, visiting the U.S. during this period is possible, provided you carefully adhere to specific guidelines and convincingly demonstrate your non-immigrant intent. This page explains the requirements for entering the U.S. as a visitor under these unique circumstances.

1. Non-Immigrant Intent

The U.S. immigration system allows individuals to enter during an I-130 process, acknowledging the validity of temporary visits. At the heart of gaining entry approval is your ability to show non-immigrant intent—essentially proving that your trip is temporary and that you have every intention of returning to your home country after your visit.

2. Establishing Strong Ties to Your Home Country

A crucial step in demonstrating non-immigrant intent is solidifying your ties to your home country. This involves presenting convincing evidence of connections that are significant enough to ensure your return. Such relations might be familial, economic, social, or related to your employment, and they strongly indicate your intent to go back after your visit to the U.S.

3. Detailing the Temporary Nature of Your Visit

Clarifying the purpose of your visit is critical. Whether you’re coming for business meetings, family gatherings, tourism, or attending specific events, the nature of your visit must suggest a temporary stay. This helps reinforce your non-immigrant intent.

4. Collecting Documentation to Support Non-Immigrant Intent

The evidence you compile to support your claim of non-immigrant intent can significantly impact your application. While the required documentation can vary based on individual circumstances, the following items are generally helpful in strengthening your case:

• Employment Evidence : A letter from your employer detailing your position, the duration of your employment, and the reasons and length of your visit to the U.S.
• Property Ownership : Documents proving ownership of property (e.g., deeds, mortgage documents) in your home country.
• Financial Connections : Financial statements or other documents showing your economic ties.
• Family Ties : Proof of close family relationships in your home country, such as marriage or children’s birth certificates.
• Return Travel Itinerary : Evidence of round-trip travel arrangements or detailed plans for your return.
• Event Invitations : Invitations or registrations for specific events you plan to attend in the U.S.
• Membership Affiliations : Document your memberships in organizations or groups in your home country.
• Past Travel History : Records that demonstrate your history of previous visits to the U.S. and subsequent timely returns.
• Personal Statement : A letter that outlines the purpose of your visit, your intent to return, and any evidence supporting your case.

While a pending or approved I-130 Petition does introduce an additional layer of scrutiny to your visit, it does not automatically disqualify you from entering the U.S. for temporary visits. You can successfully navigate this process with thorough preparation and proper documentation. However, for personalized advice that takes into account your specific situation, consulting with an immigration attorney is highly recommended. Safe travels, and approach your journey with informed confidence!

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British Airways hotel reimbursement - 8weeks and waiting - Air Travel Forum

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5 replies to this topic

Consider raising a complaint with CEDR that BA have signed up to.

https://www.cedr.com/consumer/aviation/make-a-complaint/

Try contacting them on twitter. I've usually found them quite helpful and responsive

Social media agent says they cannot say howling it will take

I take it you did follow their process to submit your claim and receipts?

Did you get an acknowledgment?

If yes, refer to the CEDR link provided

I filed a claim just before Christmas & received it a couple of weeks back. It will take as long as it takes, as long as it takes them to get to & work on your case. Is it urgent?

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‘Ahead lay cypress-lined Tuscan roads waiting to be discovered’: readers’ best road trips

Our tipsters navigate Alpine passes, serene backcountry and dramatic coastlines across Europe, stopping off for the odd hike, cycle or dip in the sea

Slow roads in Tuscany’s sunny back country

Driving through the Tuscan hills, the sun beginning its slow descent in the hazy, glowing heat on an August evening was one of the most exquisite experiences I have ever had. Travelling slowly along small, winding roads near Siena in our old Polo, we settled in to the rhythm the locals live by. The peaceful embrace of the Tuscan way of life was felt at every turn, with every smile we saw and every vineyard we gazed across. The cypress trees lining other, yet-to-be-discovered roads in the distance added to our awe at our surroundings. Lotta

Riding the flats and peaks of Slovenia

A week in western Slovenia offers everything you could want from a European road trip – breathtaking mountain views, easy hops between stops and, maybe most importantly, scenic but well-maintained roads. Pick up a car in Ljubljana, head north to the lakes of Bled and Bohinj, then wind slowly south, via the vinicultural Vipava valley, to the caves and cliffside castles of Postojna . Finally, end your trip in the coastal town of Piran for an open-air spa day on the salt flats of the Sečovlje Salina nature park , and a view of the glittering Adriatic sea, with a glass of Slovenian wine in hand. Holly R

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Hairpin bends from Como to Constance

My trip by motorcycle from Lake Como in Italy to Lake Constance (Bodensee) in Germany over the wonderfully twisty Splügen Pass was fantastic. Setting off in bright sunlight with the scent of wisteria in the air, up and over the pass with its road signs beginning with Tornante (hairpin bend) moving on to Due tornanti (two hairpin bends) and finally warning you of M olti Tornanti as the winding road up the steep mountainside comes fearfully into view. Down into Switzerland along sweeping curves, through the micro state of Liechtenstein in just 30 minutes or so, clipping a corner of Austria and on into Germany. A late afternoon arrival in Immenstaad on the shores of Lake Constance and an opportunity to sample the local wine in celebration of a great bike ride was perfection. Five countries in five hours. Stephen Shaw

A true story from the Troodos mountains, Cyprus

In Cyprus’s Troodos mountains, after driving on the scary mountain roads, we ran out of petrol in the middle of a village on a Sunday morning. The villagers knocked on doors to wake up the man who operated the petrol pump, while we were served cheese snacks and black coffees. They wouldn’t accept our offers of money, so we bought literally all of their tomatoes! Piled into the back I remember tears of laughter as to what we were going to do with them all. Best trip ever. Zoe

On a roll in Bosnia-Herzegovina

After navigating the Montenegrin coastal roads, we decided to cycle inland into mountainous Bosnia-Herzegovina. After a border crossing at almost 1,000 metres above sea level, we descended into a beautiful country with wide plains and empty roads. Enjoying a section of the Ćiro Trail , a former railway route converted into a bicycle path – we enjoyed the spectacular 100-mile journey on the mountain-hugging paved roads into Mostar. The nine-day road trip through Bosnia-Herzegovina was memorable – a juxtaposition of beauty and war – a diverse landscape dotted with a scarred past evident with its landmine signs, gun-shelled houses and verdant valleys. Gwen Sim

Alpine highs on a circular trip from Munich

After a day’s sightseeing in Munich we headed south to Ötztal in Austria. Here we stayed at Hotel Stern for the night then hiked up to Farst at 1,450 metres to take in the views. After that we relaxed at Aqua Dome , floating in its heavenly outdoor pools as the moon peeked behind the mountains. On the next leg, we took the Timmelsjoch high alpine road (May-Oct) and crossed into Italy at nearly 2,500 metres, staying overnight at Albergo Hochfirst , high in the mountains with stunning views. The following day we headed west and entered Switzerland in Müstair , admiring the wonderful Unesco-listed Benedictine Abbey of St John. At Davos, 50 miles further west, we took the Schatzalpbahn funicular railway to 1,800 metres and enjoyed a breathtaking panorama and an invigorating walk. Then we drove along the shores of Walensee and Zürichsee into Zurich, where we visited museums and strolled around taking in Swiss culture, history and architecture. Our final stop before heading back to Munich was at Lindau on Lake Constance, where we sat in a quaint beer garden under chestnut trees, gazing at the soaring Alps on the other side of the lake. Marei

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Rivers and waterfalls, Zagreb to Dubrovnik

Our road trip started in Zagreb, which is great value and still has amazing foodie finds. Our next port of call was the stunning Plitvice Lakes national park, with its waterfalls and forests, before a beautiful 120-mile stretch of road to Skradin, a hidden sailing town gem, and a perfect base for heading out to Krka national park to enjoy more rivers and waterfalls. Next up was Split, where we took in views of the old town from the 12th-century bell tower of St Domnius Cathedral. We also took a relaxing boat trip to Hvar from Split. Back in the hire car we headed 150 miles south to crowded but utterly beautiful Dubrovnik – also a great place for eating out. Sophie

A precipitous drive in Provence

La Garde-Freinet is a well-preserved medieval village with a fascinating history about 10 miles inland from Saint-Tropez. The hairy roads and mountainous terrain have helped the area avoid the tourist saturation of the coast. When I was a teenager, we drove these mountain roads, eyeing the beautiful scenery and trusting my parents’ driving ability to navigate cliff edges and dust tracks. The village is absolutely worth the edgy drive. The beautiful stone houses, the deep chestnut and cork forests and the distant outline of the Alpes-Maritimes will capture any heart. Sarah

South of Naples on the road to Aspromonte

An Italian ice-cream seller told me a less crowded, equally spectacular road trip alternative to the Amalfi coast last summer: the evocatively named Violet Coast road in Calabria. Inspired by his praise, we headed south 260 miles from Naples in our camper – to the Capo Vaticano peninsula on a road of dramatic cliffs on one side tumbling down to soft sandy beaches and sensual cerulean sunsets on the other. I had to concentrate on keeping my eyes on the road so I stopped at the town of Tropea for an energising coffee. I carried on along narrow streets zigzagging their way past ancient castles and villas with the mountains of the Aspromonte national park in the distance until another break at the pretty village of Pizzo. More coffee and a view of the volcanoes of Stromboli (from Tropea) and Etna (from Lazzaro) drew me ever farther south before heading back to Naples via Siderno and Catanzaro. Will

Winning tip: A change of gear, Roscoff to San Sebastián

As one of a group of surfers I took the ferry from Plymouth to Roscoff and drove down the west coast of France to San Sebastián, just over the Spanish border, stopping along the way to surf the amazing breaks and eat some fantastic food. Highlights include the awe-inspiring Dune du Pilat (Europe’s biggest sand dune), eating fresh moules-frites by the port in Hossegor , and chipirons à la plancha (tiny fried squid from the Basque region) with a cold beer watching the sun go down in Guéthary . San Sebastián proved as wonderful as its reputation suggested: a beautiful city full of more gastronomic and architectural delights. Sarah D The last tip was amended on 26 April 2024. The ferry was from Plymouth to Roscoff, not Saint-Malo, as a previous version said.

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AI just helped us find out where Plato is buried - here's how

Artificial intelligence (AI) is accelerating new discoveries across industries, from video production to medicine -- and now, it's  expanding what we know about antiquity . 

On Tuesday, researchers at the University of Pisa in Italy announced that they have successfully used AI to decipher a papyrus scroll found in Herculaneum, a town near Pompeii that was also destroyed when Mount Vesuvius erupted in AD 79. The scroll is one of 1,800 scrolls preserved in the Villa of the Papyri  -- once owned by Julius Caesar's father-in-law -- when the estate was buried in mud and ash.

Also:  AI breakthrough enables scientists to read Roman scrolls once buried by Mount Vesuvius

Because the scrolls are carbonized and therefore too fragile for human touch, they must be deciphered using hands-free scanning technology. According to ANSA , the researchers used infrared hyperspectral imaging and optical coherence tomography (OCT) to see through the charred papyrus. 

By identifying and translating 1,000 words, or roughly 30%, of the scroll, the team discovered Greek philosopher Plato's final resting place: a garden at the site of the Platonic Academy in Athens. The text also reveals that Plato was sold into slavery in either 404 or 399 BCE -- not 387 BCE, as historians believed prior to Tuesday's discovery. 

The reveal emphasizes the potential of this technology to further refine our historical knowledge of this era and its most prominent figures. 

The discovery follows the February breakthroughs of the Vesuvius Challenge , a global contest launched in March 2023 to decode the entire collection of Herculaneum scrolls. As the last intact library from antiquity, the scrolls could yield fascinating pieces of history.

The project's primary technology uses a combination of computed tomography (CT) scans and machine learning to decipher what's written on the scrolls without the need to disrupt them physically. ZDNET went in-depth with University of Kentucky researcher Brent Seales, one of the people behind the Challenge, about the project's findings earlier this year.  

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In short, the process has three steps: scanning, segmentation, and ink detection. Researchers create micro-CT scans of the insides of the scrolls, segment scans into individual pages, and then decode what's written on them using machine learning. 

Because the scrolls and their ink are carbonized from the volcanic eruption, they're essentially black-on-black, making them hard to distinguish by a computer. Researcher Stephen Parsons worked with Seales to train an ML model to read the carbon text. The team then created Volume Cartographer, an open-source software that makes sense of the text. 

Researchers are still grappling with a few challenges, including applying the models to full scrolls as opposed to fragments, creating more "ground truth data" to improve model accuracy, and reverse-engineering the models to uncover the patterns they use to detect ink, according to the Vesuvius Challenge's  website .

Also:  Ready to implement AI at work? Google has a new course for that

This year, the Challenge will attempt to transcribe entire scrolls by scaling both the segmentation and scanning parts of the process. "We will set as our target for 2024 to read 90% of Scrolls 1-4, and offer a $100,000 grand prize to the first team to achieve this milestone," the site says .

The University of Pisa discovery is a testament to what AI can uncover that would otherwise be unknowable. As Challenge researcher Michael McOsker  told ZDNET , this approach could help unravel the equivalent of about 200 new books from the Herculaneum library.

The potential doesn't end there. Researchers also believe this tech can be applied to other fields, where machine learning could improve what CT scans and MRIs can detect, such as tumors in medical imaging. They're currently working on virtually rendering a medieval manuscript from New York's Morgan Library. 

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