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Can U.S. tourist visas affect approval or processing of an I-526 petition?

I have been to the United States on tourist visas. I have also filed my I-526 petition. Are there any reasons for my tourist visa to be denied while my petition is being processed, as one signifies non-immigrant intent while one is the opposite?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    In spite of immigrant intent notion that tends to accompany the review of tourist visa, but, generally, visas may be issued in spite of a pending I-526 petition. Also, just because a tourist visa is issued to a petitioner does not usually result in negative processing of an I-526 petition. There is no negative inter-relationship between the two types of visas.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    It is unlikely that your B-1/B-2 visa would be revoked should you apply for EB-5, i.e., submit an I-526 petition, but you could have trouble renewing the visa after you have an I-526 on file. To a lesser degree, you could have issues at the port of entry using your B-1/B-2 visa once the I-526 is in the system. The CPB officer at the port of entry will make a determination based upon the purpose and duration of your temporary visit to the United States.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    You can have a pending I-526 petition and also obtain an approved B-1/B-2 visa. However, this is a sensitive situation. You should have an immigration attorney handle your B visa application and prepare you for the B visa interview.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You should be able to come and go to the USA while your I-526 case is pending. But you never know what some mean immigration officer at an airport might do or say. No guarantees. Make sure you gave a round-trip ticket and a good reason to be coming here.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you have filed an immigrant petition that does not automatically cause your visitor's visa to be denied, upon admission, if asked about the petition or your intent, you are advised to be truthful and ready to prove your unrelinquished residence abroad.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as you have indicated, consular processing you should be OK. Assure the port of entry officer, if asked, of your intent to return a job, or of other ties as well as a ultimate consular processing of a case which will return you home.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    If you are entering and exiting the U.S. as a tourist while you have your petition pending, that is not the primary reason for you not to be allowed into the U.S. as a tourist. As long as you qualify as a tourist (prove that you have your ties outside the U.S., etc.) you should be allowed to enter as a tourist. When you apply to renew your tourist visa, it may be denied for immigrant intent. Again, make sure you show your ties to your country to overcome that intent.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It is possible, even though an I-526 petition by itself provides the petitioner with zero immigration benefits by itself.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Generally, if you have an existing multi-entry visa you can continue to use it while your I-526 is pending. However, if you are required to apply for a new visa this may be problematic, as you would be seen as having "immigrant intent."

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Once you express your intent for immigration by filing an immigrant petition like I-526, it will be difficult to obtain a non-immigrant visa, such as B-1/B-2 visa. The only thing you could do is to make sure that once your I-526 is approved, you will go through the consulate processing by filing the immigrant visa application (DS-260) instead of trying to file I-485. Any lies or misrepresentation made to a consulate officer or CBP officer while trying to get non-immigrant visa or entry that are exposed later will seriously jeopardize your future immigration process.

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    Sarah Xiao Qian Mu

    Immigration Attorney
    Answered on

    Yes, it is likely that your tourist visa may be affected. It is up to you to overcome the burden that you do not have immigration intent for the visit.

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    Charles Foster

    Immigration Attorney
    Answered on

    You may have and be admitted to the U.S. on a B-2 tourist visa while you have an EB-5 investor petition on Form I-526 pending. But given the fact that such a petition demonstrates an immigrant intent, should you need to apply for a new B-1/B-2 visitor visa or seek admission in B-1/B-2 status, you could be denied. At the very least you must always disclose the fact that such a petition has been filed on any applicable application or if asked at the time you seek entry into the United States. The proper answer at such times is, "Yes, I have filed an EB-5 investor petition, as I have a long-term intent to become a resident of the U.S., but I have an immediate intent and desire to enter the U.S. as a visitor for X reason and I fully intend to return to the home country to apply for the immigrant visa once the I-526 petition is approved." That is called "dual intent."

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    BoBi Ahn

    Immigration Attorney
    Answered on

    At every entry to the U.S. you can be denied entry if U.S. immigrations finds the intent to be not congruent with the visa or if you need to renew your visitor's visa at the U.S. consulate while you have a pending immigrant petition (I-526). However, it is not a guaranteed denial. You have the burden of proof to show that your present intent (to visit) is temporary. However, you have future immigrant intent.

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