Parents going through i130, visiting the US on ESTA
Apr 19th 2019, 5:42 pm
#1
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Parents going through i130, visiting the US on ESTA
Hi all,
As a lot of you know, my parents are going through the i130 process right now. Currently in RFE stage but they want to visit from London in a week or so. I read somewhere (cant find the source) that they may be denied entry. Is this strictly true? They would be visiting on ESTA. Thanks!
As a lot of you know, my parents are going through the i130 process right now. Currently in RFE stage but they want to visit from London in a week or so. I read somewhere (cant find the source) that they may be denied entry. Is this strictly true? They would be visiting on ESTA. Thanks!
Apr 19th 2019, 5:43 pm
#2
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Re: Parents going through i130, visiting the US on ESTA
Nobody is guaranteed entry as a visitor, this should not adversely effect things.
Apr 19th 2019, 6:07 pm
#3
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: Parents going through i130, visiting the US on ESTA
They are free to visit while they have a visa application in process and while there is always a chance they could be denied entry the persistent rumour that someone who has a visa application cannot visit the US is just that, a rumour, with no basis in fact.
In any case I am not sure why someone who has filed their paperwork to "do immigration the right way" would be even considered to have an elevated risk of over-staying as a visitor. (If Tht finds this post, please note I said "[do not] have an elevated risk", not that they present zero risk of over-staying.)
In any case I am not sure why someone who has filed their paperwork to "do immigration the right way" would be even considered to have an elevated risk of over-staying as a visitor. (If Tht finds this post, please note I said "[do not] have an elevated risk", not that they present zero risk of over-staying.)
Last edited by Pulaski; Apr 19th 2019 at 7:00 pm.
Apr 19th 2019, 6:49 pm
#4
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Re: Parents going through i130, visiting the US on ESTA
perfect - thank you Boiler and Pulaski!
Apr 21st 2019, 8:59 pm
#5
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,855
Re: Parents going through i130, visiting the US on ESTA
They are free to visit while they have a visa application in process and while there is always a chance they could be denied entry the persistent rumour that someone who has a visa application cannot visit the US is just that, a rumour, with no basis in fact.
In any case I am not sure why someone who has filed their paperwork to "do immigration the right way" would be even considered to have an elevated risk of over-staying as a visitor. (If Tht finds this post, please note I said "[do not] have an elevated risk", not that they present zero risk of over-staying.)
In any case I am not sure why someone who has filed their paperwork to "do immigration the right way" would be even considered to have an elevated risk of over-staying as a visitor. (If Tht finds this post, please note I said "[do not] have an elevated risk", not that they present zero risk of over-staying.)
I would think that that rumor comes from people making assumptions.
i.e. someone getting rejected on visa waiver for reasons that would get them a rejection without a pending application, like multiple long back to back trips. And then people just assuming it was related to immigrant visa.
would be hard to make an informed guess based on what the OP has posted in this thread. But from the other threads we know they are likely retirement age and the RFE is a missing [damaged] document issue, so none of that raises any red flags.
