Could I go to My partner in the us While looking forward to My Green Card?

Precautions to just just just take whenever visiting your partner

It is feasible to check out your better half in the usa while your marriage-based green card application is pending. To do therefore, you will have to make an application for a tourist visa. But before pursuing this program, it is essential to comprehend the difficulties and dangers included.

First, you will have to persuade an immigration officer which you want to remain limited to a brief some time would keep the usa before your tourist visa expired.

But there’s another hurdle to conquer from then on: once you arrive in america, a U.S. Customs and Border Protection (CBP) representative will “inspect, ” or question, you in the edge or port that is“ of ” (where site site visitors very first actually enter the usa). You’ll be expected to describe why you’re visiting. The CBP representative would then determine — at their discretion — whether or not to allow you to enter (known officially as “admission”).

ESSENTIAL: You must never ever misrepresent your cause for going to the united states of america, either for an immigration kind or before an immigration officer or a CBP agent. In addition, you must never ever lie about being hitched up to a U.S. Citizen or card holder that is green.

Almost any misrepresentation could jeopardize your own future eligibility for a card that is green.

Despite having a val not be fully guaranteed admission. Most of the time, partners searching for a green card are rejected entry in the edge or slot of entry whenever a CBP representative discovers they have been hitched up to a person located in america and have now a pending marriage-based card application that is green.

In this guide, we’ll discuss those risks in more detail, along with simple tips to make an application for a tourist visa and issues that are typical along the way.

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Perhaps perhaps Not certain that you qualify for a marriage-based green card? Start with checking your eligibility.

What to anticipate

Partners of U.S. Residents or card that is green — particularly individuals with a pending I-130 petition (the initial step in finding a marriage-based green card) — frequently face extra scrutiny. The immigration officer processing your application could suspect that you’re trying to bypass the green card process to be with your spouse sooner if you visit your spouse on a tourist visa.

Here’s everything you can expect predicated on your position:

For those who have a pending i-130 petition

Going to the usa while you have pending I-130 petition involves walking a tightrope that is logical. Once you receive your green card, right now you must convince the immigration officer or CBP agent that you will not be settling in the United States yet although you intend to live permanently in the United States.

Which can be tough to do in the event that you’ve currently stop your task and offered your home at home nation. That’s why lots of people choose to see the usa before doing either of the things.

It is consequently crucial to provide evidence that is strong you want to go back to your residence nation after your quick visit — though there was nevertheless constantly a chance of denial, as admission is not guaranteed in full.

In the event that you don’t have an i-130 petition that is pending

That you’re not rushing to settle in the United States if you haven’t started the marriage-based green card process yet — by filing an I-130 petition — you won’t have to prove.

You may nevertheless face extra scrutiny whenever trying to get a tourist visa or whenever showing up in the usa, however. It is because the immigration officer or CBP representative could suspect which you want to prevent the entire process that is i-130 by entering on a tourist visa then obtaining a marriage-based green card once you’re in america (a procedure referred to as “ modification of status ”).

It’s best to be clear about that in your tourist visa application if you don’t have any immediate plans to live permanently in the United States. You might also want to show that:

  • You’ve got work or academic commitments at home country that prevent you from going forever to your united states of america at the present minute.
  • You have got a travel that is confirmed with a definite date of go back to your house country.

Once more, you shouldn’t lie concerning the proven fact that your better half is a U.S. Resident or card that is green because lying could jeopardize your capability to have a green card in the foreseeable future.

Other Facets Affecting Visa Approval

You can find at the least three other factors that will make a difference that is big whether your tourist visa application would be authorized (and whether you’re going to be admitted towards the usa upon arrival):

Your Immigration History: when you have a brief history of coming and visiting the united states of america without the immigration violations in your record, the immigration officer or CBP representative could be more more likely to genuinely believe that you wish to go to the united states of america temporarily and go back to your property country on time. Having said that, if you have ever endured an immigration violation — whether or not you simply overstayed a previous tourist visa for just one time — your likelihood of approval will soon be far lower.

Your nation of Origin: that you intend to visit only as a tourist if you come from a country with high rates of immigration fraud, you will be less likely to convince the immigration officer or CBP agent. (Even though there isn’t any list that is official of countries, Brazil, Asia, the Dominican Republic, Asia, and Mexico had been among nations that have been susceptible to reasonably high prices of immigration fraudulence in previous years. ) This might be all the greater amount of explanation to ascertain which you have actually strong ties to your house nation, as detailed when you look at the “Preparing Your Visa Application” section below.

Other loved ones in the usa: For those who have a large amount of family members currently when you look at the United States — specially instant family unit members — this may attract extra scrutiny. The immigration officer or CBP representative could be inclined to trust that you will be less likely to want to go back to your house nation when you yourself have strong household fits in the usa. Besides the list outlined in the “Preparing Your Visa Application” section below, it is smart to have round-trip admission showing your want to get back house on a certain date.

With Boundless, a specific group user shall help you avoid typical errors and then make yes your kinds and papers are prepared for lawyer review. Get the full story, or begin the application today.

Planning Your Visa Application

Everything you must prove

Whenever an immigration officer reviews your tourist visa application, they shall search for evidence that:

  • You intend to go back to your residence nation after going to the united states of america.
  • Your check out shall be temporary and quick.
  • You shall have the ability to help your self economically throughout your see.

This can be real for anybody trying to get a tourist visa or going into the united states of america beneath the Visa Waiver Program, allowing residents of specific nations to consult with with no visa for approximately 90 days.

You’ll additionally be expected to establish you have actually strong ties to your residence nation. This really is to make sure that you shall get back house before your tourist visa expires.

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About the Author

Clarice is a ex-front row half-orc, who mastered the dark arts of proppery. Now living in the frozen north, he casts a beady eye over the Northern Competitions as well as anything he snorts at.