Can My Daughter Visit the US with a B1/B2 Visa if I Have Filed for Her as a Green Card Holder?

Many parents face the challenging situation of wanting to visit their children in the U.S., especially when a green card petition is pending. This article aims to clarify the complexities and possible solutions regarding B1/B2 visas and immigrant petitions.

Understanding B1/B2 Visas and Green Card Petitions

B1 visas are for business visits, while B2 visas are for tourists or medical treatment. Green Card petitions, also known as family-based visas, typically indicate the intent to live and work in the U.S. for an indefinite period. This immigrant intent can make it difficult for the individual to meet the requirements for a non-immigrant visa like B1/B2.

In this case, if you have filed a green card petition for your daughter, it is likely that she will face difficulties in obtaining a B1/B2 visa. The U.S. Consulate or Embassy might deny the visa because her intent is clearly to immigrate, which is not in line with the temporary nature of a non-immigrant visa.

The Importance of Proving Non-Immigrant Intent

At a visa interview, the key is to convincingly demonstrate a clear intent to return to your home country after a short, temporary visit. This means providing substantial evidence and a strong reason to return. For some individuals, this can be a challenging task, especially when an immigrant petition is pending.

Alternative Solutions and Considerations

If your daughter is under 21, she might be exempt from certain travel restrictions due to the parental travel exemption. However, if she is older than 21, she would typically need to return to her home country for a significant period after a visit without overstaying her visa.

Unfortunately, applying for a green card while holding a B1/B2 visa could result in denial if she stays in the U.S. for an extended period. Violating her B1/B2 status might lead to a deny on her green card application, as demonstrated by many cases of denial for this reason.

The Import of Honest and Transparent Communication

While it's crucial to be honest about your intentions during the visa interview, there is no guarantee of success. Many individuals with pending green card petitions have managed to enter the U.S. on a B1/B2 visa, although it requires a strong argument for non-immigrant intent.

The USCIS has differing views on whether someone with an immigrant petition can obtain a visitor visa, but the general advice is to be transparent about the reason for the visit and have a clear plan to return to your home country.

Conclusion and Advice

While the path to a green card is a long one, it’s worth exploring whether your daughter might be eligible for a temporary visit under a B1/B2 visa. Just be prepared to address the issues of non-immigrant intent and potential USCIS concerns. Consulting with an immigration attorney can also provide valuable guidance in navigating these situations.