If you have a pending or approved I-130 Petition (Petition for Alien Relative), you might wonder if you can still enter the U.S. as a visitor. The answer is yes, but there are essential guidelines and evidence required to ensure you maintain non-immigrant intent during your travels. We explain the process of entering the U.S. as a visitor with a pending or approved I-130 petition here.
1. Non-immigrant Intent
The U.S. government understands that while you may be in the process of seeking permanent residency through the I-130, you may still have genuine reasons to visit temporarily. The key factor is proving your non-immigrant intent. In other words, your trip must be of a temporary nature, with a clear intent to return to your home country.
2. Maintaining Foreign Ties
One of the most effective ways to demonstrate non-immigrant intent is by proving strong ties to your home country. This could mean familial, economic, social, or any other form of significant connection that compels you to return after your U.S. visit.
3. Temporary Nature of the Visit
The purpose of your visit plays a crucial role. Whether it’s for a short business trip, a vacation, attending a conference, or visiting relatives, your trip to the U.S. should have a clear start and end, indicating it is temporary.
4. Evidence to Demonstrate Non-immigrant Intent
While each case can be unique, here’s a list of evidence that can be effectively used to show non-immigrant intent:
- Employment Evidence: A letter from your employer stating your position, the duration of your employment, and the purpose and duration of your U.S. visit.
- Property Ownership: Deeds or mortgage statements for any properties you own in your home country.
- Financial Connections: Bank statements, investments, or any other evidence of economic ties.
- Family Ties: Documentation showing close family members residing in your home country. This could include marriage certificates, birth certificates, or other relevant documents.
- Return Travel Itinerary: A round-trip ticket or travel itinerary showing your planned return to your home country.
- Event Invitations: If attending a specific event (like a wedding, conference, or graduation), provide the invitation or registration details.
- Membership or Affiliations: Evidence of memberships in clubs, organizations, or groups in your home country.
- Past Travel History: Your travel records show previous visits to the U.S. and your return to your home country.
- Personal Statement: A detailed letter explaining the reason for your visit, your intent to return, and any other relevant details supporting your non-immigrant intent.
Conclusion
In conclusion, while having a pending or approved I-130 Petition might bring additional scrutiny during your U.S. entry process, it does not outright prevent you from visiting. Equip yourself with the necessary documentation, understand your rights, and ensure you have a clear purpose for your visit. Always consult with an immigration attorney for personalized advice specific to your situation. Safe travels!
Crafting a Strong Invitation Letter for a US Visitor Visa (B1/B2)
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