Pec

I am a U.S. Citizen and would like to sponsor my siblings to immigrate
to the U.S. Currently they visit the U.S. under temporary visitor
visas (B-1/B-2). If I file an I-130 for them, can they still visit
the U.S. under their existing visa (B-1/B-2) during the long wait
period for an immigrant visa number?
Thank you.

Hnchoksi

    >Subject: I-130 and visitors visa
    >From: [email protected] (PEC)
    >Date: 4/13/03 1:11 AM Eastern Daylight Time
    >Message-id:
    >I am a U.S. Citizen and would like to sponsor my siblings to immigrate
    >to the U.S. Currently they visit the U.S. under temporary visitor
    >visas (B-1/B-2). If I file an I-130 for them, can they still visit
    >the U.S. under their existing visa (B-1/B-2) during the long wait
    >period for an immigrant visa number?
    >Thank you.

Technically, they can. Practically, no chance.

Cypher

I agree, once you file the I-130, during any subsequent visitors VISA filings your siblings would have to disclose to the US consulate that they have a immigrant petition pending on their behalf, at which case most counsular officers will deny the visitors VISA and ask for them to wait for the I-130 to go through.

Regards

lairdside

If they really want to try they'd have to show very strong ties to their home country, providing evidence that they intend to return and not attempt to remain in the US. As has already been said though the chances may be slim but not unheard of.
The fees and time are not refundable so the question is whether or not it's something they'd want to do for a marginal chance. If so I don't think they have anything other to lose than this in the attempt. Perhaps an attorney would be a good idea ?

Haliuna

[email protected] (PEC) wrote in message news:...
    > I am a U.S. Citizen and would like to sponsor my siblings to immigrate
    > to the U.S. Currently they visit the U.S. under temporary visitor
    > visas (B-1/B-2). If I file an I-130 for them, can they still visit
    > the U.S. under their existing visa (B-1/B-2) during the long wait
    > period for an immigrant visa number?
    > Thank you.

Sounds like they have a multiple entry B-1/B-2 visa and therefore they
don't need to apply for one again. In that case as long as they leave
before the date on their I-94 form they can come and go anytime. Isn't
what multiple entry exit visa is about? Just my 2 cents.

lairdside

Very true *doh*.... bringing evidence of strong ties may not be a bad idea though anyway - as in theory I believe you can be asked for this at anytime ?

Hnchoksi

    >Subject: Re: I-130 and visitors visa
    >From: Cypher [email protected]
    >Date: 4/13/03 8:08 PM Eastern Daylight Time
    >Message-id:
    >>
    >> Technically, they can. Practically, no chance.
    >I agree, once you file the I-130, during any subsequent visitors VISA
    >filings your siblings would have to disclose to the US consulate that
    >they have a immigrant petition pending on their behalf, at which case
    >most counsular officers will deny the visitors VISA and ask for them to
    >wait for the I-130 to go through.
    >Regards
    >--

Attorneys do not recommend it though. I was told the chaps at the airprot are
going to be held individually accountable for people they let in. So if they
don't like the way you hold your mouth or if the phase of the moon is gibbous
on the third Tuesday of the month, they will most likely put you back on the
next plane home.

lairdside

Interesting. They don't hold the officers personally accountable for the petitions being processed though do they ...lol