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Can you stay in US while I-130 is pending?
If your family member or employer has merely started the process off for you, by filing what’s known as a petition (typically on USCIS Form I-130 or I-140), that’s not enough. A pending or approved petition from a U.S. sponsor gives you no rights to come to or remain in the United States.
Is it possible for me to get a student visa if there is a pending I-130 petition?
It can. However legally you are allowed to enter on an F-1 visa even if an I-130 is filed. You need to demonstrate your intent to be in the US for a temporary stay and to leave after that time period. You also want to show you will consular process for your green card.
Can my husband visit me in the US while I-130 visa is processing?
This is a special type of visa that is not heavily utilized but if one is lucky enough to get one, allows the spouse of US citizen to enter the US while the I-130 petition is pending with USCIS. In order to file for a K-3 visa, the I-130 must first be filed and received by the government.
What if I file on time for an extension but I leave the United States before USCIS makes a decision on my application?
If you leave the U.S. before a decision is made on your application to extend and you plan to return to the U.S. in the future, please keep a copy of your application plus the receipt notice to show to the Immigration Inspector on your return travel to the U.S. Otherwise, you may be denied entry for overstaying on your …
How long does I-130 take to get approved 2020?
After filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 5 to 12 months for immediate relatives and could take several years for family preference categories. This is an approximation.
Can I apply for a visitor visa if my I-130 is pending?
Consequently, people with pending immigrant petitions run into more scrutiny when applying for a temporary visitor visa. You may apply for the visitor (B1/B2) visa. A denied visa does not affect your pending I-130 petition.
Can I apply for a B1/B2 visa if my I-130 is denied?
You may apply for the visitor (B1/B2) visa. A denied visa does not affect your pending I-130 petition. However, it’s imperative that you answer all questions truthfully. A lie may impact your ability to obtain a green card in the present and many years into the future.
What do you need to know about the I-130 Form?
The American government wants to know that you will depart the United States before your visa expires. Unfortunately, the Form I-130, Petition for Alien Relative, filed on your behalf, signals that you intend to live permanently in the U.S. at some point in the future.
Can I apply for a temporary visitor visa with a pending petition?
Consequently, people with pending immigrant petitions run into more scrutiny when applying for a temporary visitor visa. You may apply for the visitor (B1/B2) visa.