Can we apply for visitor visas with a pending I-526 petition? - EB5Investors.com

Can we apply for visitor visas with a pending I-526 petition?

I am waiting for the results of the I-526 petition. It has been almost one year. Now I want to visit my family in the U.S. Can I apply, with my spouse who is included in the EB-5 application, for a B1/B2 visa, or will this be considered as dual intention? What is the probability of approving or rejecting this visit visa?

Answers

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

You can apply for a visitor visa, but you must disclose the pending I-526 petition on your DS160 visa application form. The decision whether to grant your visa application will depend on the consular officer, who must make a determination about the purpose of your entry. If the officer believes you are going to visit the United States temporarily and then return to your home country, you will have a good chance of receiving your visitor''s visa. If the consular officer believes that the pending I-526 petition and/or other factors indicate you are an intending immigrant for that trip, then you likely will be denied under INA 214(b). Such visitor visa denial will not affect your EB-5 case as long as you are truthful on your visa application.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Provided you are truthful and disclose the application and can show strong ties to your home country and a legitimate reason to visit, you might be able to obtain a visitor visa if the consulate in your home country is open.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

You can apply; no guarantee of success. Be sure to assure the consular officer of your intent to return for business commitments and for your immigrant visa interview.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

You can certainly try. No guarantees.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

It largely depends on where you are applying for the visa and the particulars of your situation, employment, kids, etc. If you can show substantial ties to your home country and visitor intent, your B2 should be approved. Make sure you disclose the I-526 filings.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

This requires more discussion to plan for the conflicting intents.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

There is no rule against it. The consular officer will have to determine if you are likely to file for adjustment of status once you arrive in the U.S.

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