My U.S. citizen brother is sponsoring me for a green card. My priority date likely won’t be current for many years. In the meantime, am I allowed to travel to the U.S. on my visitor visa?

Answer

The beneficiary of an I-130 petition is not automatically prohibited from entry on valid a valid B-1/B-2 visitor visa. That being said, U.S. immigration officers at a port of entry have a great deal of discretion in determining whether or not to admit a foreign national. One must be very clear that the intention of the visit to the U.S. is for a temporary period and that the I-130 case is a long-term plan for the future. (14.Dec.2015)

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