rotoiti

After a long wait I am about to become a US citizen. I intended to file I-130 for my sister who visits me here in the US (she usually comes for 2 weeks every year, so it is definitely not excessive).

I know that filing I-130 shows immigrant intent. Therefore the question is: how badly will filing I-130 hurt her chances of VWP admission at the border? Should she apply for B2 before I file for I-130? She had a 10 year B2 before but it is now expired.

We probably won't bother with I-130 if it makes her effectively ineligible to visit the US for next 10 years or so...

ian-mstm

Since she won't get a visa for about 10 years, I'm pretty sure it won't hurt her chances at all. On each trip, she needs to show ongoing ties back to her home country. The officers at the border will not know about the I-130 until her PD becomes current (and maybe not even then), and she is not obligated to disclose that she has an I-130 pending unless she is specifically asked about it.

Ian

crg

A pending or approved I-130 can cause concern. There is more concern for a spouse, parent, child of a USC than for a sibling. The concerns can be overcome. Someone with a pending I-130 and frequent long trips close together on a B-2 could be a real problem.

Folinskyinla

Hi:

On the pedantic side, the filing by you does not, repeat not, show "immigrant intent."

First of all, you have filed it, not her.

Also, the term "immigrant" is defined as any alien who does not fall within one of the specified categories, one of which is 101(a)(15)(B) under which the B-2/VW people enter. [Note that a K-1 is a "non-immigrant" who intends to take permanent status].

Your sister has a good immigration history. All she has to show is that she has no current intent to immigrate at this time.

If your sister should be asked, she can just say "That is so far in the future, and who knows what the future will bring?" and say it with a smile.

You may run into the Border Guard from Hell, but there are many people who do just what your sister will be doing with no problem.

rotoiti

Thank you, answers much appreciated.