Travel to US with tourist visa after being petitioned with 1-130?

Question

I am a US citizen. I want to petition my 18 year old brother (file 1-130). He currently has a valid tourist visa and has never overstayed. He is in Venezuela finishing school. I am afraid that he will not be able to visit me during the wait period which can be up to 15 years. Should I even petition him?

Answer 1

Well, I suppose it depends on what is more important to you, having him travel now as a tourist, or eventually coming to the US as an immigrant. It is possible that he'll be considered an intending immigrant and not allowed to come on a tourist visa, but it isn't necessarily so. He should tell the truth about the petition as if he lies and is found out, not only will he lose his tourist visa, it could make getting his immigrant visa a lot more difficult. As long as they believe he only intends to come as a tourist and go back home, they will let him in. and as long as he continues to come for short stays and leaves, he shouldn't have a problem using it in the future as well, but unfortunately, there are no guarantees.

Answer 2

I would yes, you should petition him. Since USCIS is very well aware of long years of wait for the Family Based 4th preference, he won't have big problem visiting US with B2 visa, as long as he doesn't overstay not even 1 day. These days I-130 approval of FB4 takes about 6-7 years.

Just make sure to tell your brother to tell the truth about petition at the Port of Entry after you receive the Receipt Notice. Because after Receipt Notice, your petition will be in USCIS system and Immigation Officer will ask your bother about it.