Question:

Is it possible to be granted a tourist visa while waiting for my immigrant visa for the usa?

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my mother petitioned me and the rest of my siblings under case type 1130 or immigration petition for relative, fiance(e), or orphan. under section: unmarried child 21/older of permanent resident. the petition was approved on 2004, but unfortunately, the nvc sent us a letter that visa numbers are not presently available. my daughter was granted a student visa on 2007 and is currently studying in the usa and wishes to see me. is it safe for me to apply for a tourist visa to visit her? if i get denied, will it affect my status as petitioned by my mother?

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  1. No if you have a tourist visa in your passport and apply for a immigration visa at the interview they well void it.If you apply for a visitor visa they well ask you have you filed I130 DON"T lie they already know you have They well not give you a visa until you've been approved Good luck I know it's a long and hard wait But they have 1000's all over the world that want it and want it now And they know every trick in the book That bring said what do you have too lose $100 ? just apply tell the truth and maybe you'll get lucky I hope so


  2. To obtain a tourist visa, you have to prove (through your petition) that you have sufficient ties to your home nation that you won't want to stay in the US indefinitely. You also have to prove you have the financial resources to cover the cost of your visit.

    If the petition is approved and the visa is granted ... you STILL have to prove to a USCIS employee (upon arrival at a US port of entry) that you still have strong ties, have the financial resources, etc. Simply having the visa is NOT a guarantee of being allowed to enter!

    With all that in mind - be factual and honest in your responses to the questions asked (during the petition and by the border protection agent). The worst that could happen is that you'd be refused the tourist visa. However, if you lied on the application (or to the agent), you could have that applied against your record ... which would in turn adversely affect your I-130 status.

    Simply having the tourist visa denied (for whatever reason short of lying) will have NO effect on the I-130 status.

  3. You should be able to get a tourist visa with out it affecting a perminant visa. However, to be sure on this look at http://www.unitedstatesvisas.gov/

    and call a representative if you can.

    Good Luck!

  4. The theory and the practice.

    In theory, you can have plenty of ties to a foreign country, sufficient to allow you to have a tourist visa. (If you're from a visa waiver country, it becomes even easier to admit you as a tourist, even though you may have a pending immigrant visa.

    In practice, when you arrive, you have to demonstrate to the primary officer that you have ties to a foreign country and that you do, in fact, intend to leave after a limited period of time.

    If your daughter is a student, I have to assume that you're supporting her as a student. This implies economic ties to a foreign country that are adequate. (Your economic situation is sufficient to support your daughter in a USA school.)

    These seem good points in your favor. However, the visa application process may turn up other factors that you haven't mentioned.

    Go ahead and apply for the tourist visa. The two applications involve separate processes. Be honest, be candid. The worst thing you could do is make false statements to a consular officer.

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