I am a U.S. citizen and I sponsored my mother for a green card. Due to backlogs, the earliest date I could get for her appointment at the consulate is about 6 months from now. In the meantime, can she visit me on her tourist visa?

Answer

Immigration officers at the U.S. ports of entry generally have discretion to admit a person on a B-1/B-2 visitor visa while that individual has a green card case pending. However, to be admitted on a B-1/B-2 visa, the foreign national typically must demonstrate a lack of immigrant intent. In a situation where the person is being sponsored for a green card, there is a risk that the immigration officer at the port of entry may deny admission. The risk of being denied admission on a B-1/B-2 visa tends to be especially high where the foreign national has a pending immediate relative case, because this category is not subject to numerical limitations or backlogs. (18.Nov.2021)

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