+1-800-997-1228
Questions & Answers

How can I apply for a B visa while my I-526 is pending?

I filed my I-526 petition and it is pending. While that is pending, how can I apply for a B-1/B-2 visa? What would happen if I do not disclose my pending petition?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    You may apply for a visitor visa. It may not be approved since the filing of your I-526 suggests an immigrant intent. Please note that a visitor visa holds a non-immigrant intent. Also, note that it is not in your best interest to negligently refrain from providing all the necessary information in your visitor visa application.

  • Avatar

    Shahzad Q Qadri

    RC Creator
    Answered on

    You apply as you normally would at a consulate. I would advise you to make a full disclosure, as they have the information. Failure to disclose may be seen as lying, which would result in an immediate denial and possible complications with your immigrant visa.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You can file for a B visa. However, you must disclose that an I-526 is pending and make sure you justify why you need the B visa. Advisably, misrepresentation is not encouraged.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    If you do not disclose it, you may be inadmissible for fraud.

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    When you apply for the B-1/B-2 visa, I suggest you honestly disclose that an I-526 petition has been filed. Though you have demonstrated your immigration intent, it does not necessarily mean that your B-1/B-2 visa will be denied. The current processing time for I-526 is very long. We have clients who successfully obtained their B-1/B-2 visa when they presented a legitimate business or personal reason.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    Your attorney who helped you with the I-526 should advise you. You should not lie about your pending petition. If you have requested consular processing after I-526 approval rather than adjustment, you should be able to obtain a B-1/B-2, which is what I have my clients do so that they could come and go while I-526 is pending. However, I do not want my clients to lie about non-immigrant intent to get B-1/B-2.

  • Avatar

    Jeffrey E Campion

    Immigration Attorney
    Answered on

    You need to disclose your pending petition. To not do so could render you inadmissible for fraud.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The issue here would be dual intent. For the B, you'd have to prove you'll only be in the United States temporarily and will return to your home country. That will be difficult when you have an immigrant (permanent) process pending. Also, hiding things from the government in your petitions and applications should not be done ever. Retaining U.S. immigration counsel will help you create a U.S. immigration strategy that is legal and helps you achieve your goals.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; you may apply for a B-1/B-2 visa while your I-526 is pending. You should fill out the application completely and truthfully. If you make a material misrepresentation on your visa application, you may be found ineligible for the green card.

  • Avatar

    Kyle Barella

    Immigration Attorney
    Answered on

    You should always be forthright when filling out any U.S. immigration forms. Not disclosing a critical piece of information can be detrimental to your current or future immigration status. You should speak with an immigration attorney regarding your question about obtaining a B-1/B-2 Visa. Note that the EB-5 visa is an immigrant intent visa, while the B-1/B-2 Visa is a nonimmigrant intent visa. Feel free to contact our office for further information.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    It is strongly advisable to disclose in your application for a B visitor's visa that you have filed an I-526 petition, especially when asked. The problem may arise that the U.S. consulate may not believe you will only stay temporarily in the United States and therefore may not approve you for the B temporary visa when you have a pending immigrant petition, which reflects your goal to permanently reside in the United States.

  • Avatar

    Philip H Teplen

    Immigration Attorney
    Answered on

    You will have difficultly obtaining a tourist visa with an I-526 pending as they conflict with each other and yes, the I-526 must be disclosed. There are alternative visas that are not in conflict that would permit you to be here during the pendency of the I-526.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.