Can i have a non immigrant visa if i have a pending immigrant visa petition?

Question

My mother is a legal permanent resident in The United States and she filed an I-130 form on my behalf so I can become a legal permanent resident. I am not living in the United States right now I am living in my native country. Is it possible for me to get a non immigrant visa while I wait until my I-130 is processed?

I have no intention in abandoning my country of residence right now since I'm in college and I still have 3 years to go till I get to graduate but I would like to be able to visit my mother in The United States for vacation. Is it possible for the consular officer to grant me a b1/b2 visa and if so what supporting documents may I bring to the interview?

Answer 1

It is certainly possible.  However, you would still need to qualify for a tourist visa, or whatever other sort of visa you might wish to apply for. It would be fair to say that your pending immigrant visa will raise questions about your intent when you apply for a tourist visa. However, as long as you can establish your intent to return home after a short stay in the US, while waiting for your immigrant visa, it is possible to issue you the tourist visa. Be certain to tell the truth about your pending immigrant visa and your mother in the US. The worst that can happen if you tell the truth is that they'll say no. If you attempt to lie about these things, the worst that can happen is that you'll be permanently barred from ever receiving any sort of visa for misrepresentation and fraud.