Enterline and Partners Consulting | info@enterlinepartners.com

Can I apply for a visitor visa or student visa or enter the United States while my immigrant Petition or immigrant visa application is pending?

A nonimmigrant visa is for persons wanting to enter the U.S. for a temporary visit for a specific purpose, and who will return to their home country or country of residence when the purpose of their visit is finished.  In most nonimmigrant visa categories, the person establishes and maintains what is called “nonimmigrant intent”, which is the intent to return to his or her home country when the purpose of his or her visit is complete. The most common nonimmigrant visas are the B-1/B-2 visitor visa and the F-1 student visa. A B-1/B-2 visa is for persons who generally want to enter the U.S. for business (B-1) or tourism (B-2). An F-1 visa is for students to enter the U.S. to attend an approved school, college or university for study. The purpose could result in a long stay, such as a student entering the U.S. to study a 4-year undergraduate degree, but the student must maintain the intent to return to his or her home country or country of residence when his or her studies are complete.

An immigrant visa, such as a family-based or employment-based immigrant visa, is for persons who want to live permanently in the United States. A person for whom a family member or company has filed a Petition to immigrate can be considered to have an intent to immigrate to the United States. Thus, if that same person applies for a nonimmigrant visa, this immigrant intent conflicts with the nonimmigrant intent required to qualify for a nonimmigrant visa to (and entry into) the United States. However, it is logical and possible to demonstrate that a person who has a “future” intent to immigrate only wants to make a more immediate short-term entry into the United States.

When applying for a nonimmigrant visa (or entry into the U.S.), it is important that a person be able to demonstrate his or her specific and temporary reason for applying for that visa or entry into the United States. The person entering the U.S. on a B-1/B-2 visa is not allowed to reside, or live permanently, in the United States while waiting for an immigrant visa to become available.

You will need to explain clearly the purpose of your travel to the United States. If at any time you are questioned whether you or anyone has filed a Petition for you to immigrate, you should explain that you, a family member or an employer has filed an immigrant visa Petition (usually an I-130 or I-140 Petition for your benefit). You might have to explain this on the nonimmigrant visa application at the U.S. Consulate, at the visa interview at the U.S. Consulate, or even at a port of entry. If you can demonstrate the purpose of your temporary visit, usually this is not an issue and you can be issued the visa or admitted into the United States. However, failure to disclose this information could result in a finding of fraud or misrepresentation. A finding of fraud or misrepresentation may result in permanent ineligibility to enter the United States, even when your become eligible to apply for an immigrant visa in the future.

The purpose of the trip will be important. If you have to make a trip for a specific reason, such as for a business trip, then this will usually be an acceptable reason for making a short, temporary entry.

Traveling to the U.S. to buy a house or business as an investment may also be acceptable. However, going to buy a house and find a school for your children in anticipation of immigrating may not be approved, and bringing the children and luggage full of personal items and documents that appear that you will stay and live there, is a bad idea.

It is safest that you and your family do not apply for any nonimmigrant visas while waiting for an immigrant Petition to be approved and the visa application process to be completed.  If you decide to apply for a nonimmigrant visa or if you already have a nonimmigrant visa, be sure that you understand the requirements of entry and to document your nonimmigrant intent at that time of your application and entry.

If you have any questions, contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor
6801 Ayala Avenue
Makati City, Philippines 1226

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2022. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

visa k-1 bị từ chối

What Happens If My K-1 Fiancé(e) Visa Is Refused at the Interview?

The K-1 fiancé(e) visa interview is one of the final steps before a foreign fiancé(e) can travel to the United States and marry his/her U.S. citizen petitioner. If your K-1 fiancé(e) visa is refused following the interview, what should you do next? The answer depends on why the consular officer refused the K-1 fiancé(e) visa and whether the issue involves missing documents, administrative processing or another eligibility concern. At Enterline and Partners, our U.S. immigration attorneys can review the refusal, explain what it means for your case and help you determine the next steps. Common Reasons for K-1 Fiancé(e) Visa Refusals A K-1 fiancé(e) visa applicant must meet the eligibility requirements to the satisfaction of the interviewing consular officer. Problems can arise for many different reasons, including but not limited to: What Does a 221(g) Refusal Mean for a K-1 Fiancé(e) Visa? A refusal under Section 221(g) of the Immigration

Read more >

EB-5 Investors Face Significant USCIS Filing Fee Increases

Prospective EB-5 investors should consider filing before November 30, 2026, to avoid substantial increases in United States Citizenship and Immigration Services (“USCIS”) filing fees. The USCIS is implementing significant fee increases that will affect EB-5 investors, regional centers, and EB-5 investment projects. For EB-5 investors who are ready and eligible to file a Form I-526E, Immigrant Petition by Regional Center Investor (“Form I-526E”) before the new fees take effect. Form I-526E Filing Fees Will More Than Double The USCIS filing fee for an initial Form I-526E     is scheduled to increase from US$3,675 to US$7,850.  This represents an increase of US$4,175, or approximately one-hundred and fourteen percent (114%.) The separate EB-5 Integrity Fund fee which is required to be paid by an EB-5 investor filing Form I-526E will increase from $1,000 to $1,100. As a result, the total USCIS fees payable by an EB-5 investor when filing Form I-526E will increase

Read more >

What Are the Financial Requirements to Sponsor a Spouse from Vietnam or the Philippines?

When you sponsor your husband or wife for a U.S. immigrant visa, the government wants to see that there will be adequate financial support once your spouse becomes a lawful permanent resident (“Green Card Holder.”). For most marriage-based cases, this requires completing a Form I-864, Affidavit of Support (“Form I-864”) and showing that you meet the minimum income requirement that applies to your situation. Unfortunately, the rules can become more complicated when you live in Vietnam or the Philippines, earn income abroad, recently returned to the United States or cannot show that you have earned enough income on your tax transcripts. Understanding the Form I-864 income requirements to sponsor a spouse from Vietnam or the Philippines can help you identify those issues before they slow down your case. At Enterline and Partners, our U.S. immigration attorneys help clients in Vietnam and the Philippines understand these financial requirements and prepare for

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo