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ResourcesVisa & Immigration LawUS Immigration LawTravelling to the USA on a Tourist Visa While an IR-1 Visa Application Is Pending

Travelling to the USA on a Tourist Visa While an IR-1 Visa Application Is Pending

Transcript of the above video:

As the title of this video suggests we are discussing tourist visas. We are also discussing immigrant visas; specifically the IR-1 spouse visa for those who have been married longer than 2 years at the time of entry into the United States the IR-1 visa is the type of immigrant visa that is going to be issued. 

Now what are we talking about specifically in this video? Well there are circumstances in which a couple who is seeking American Immigration benefits in the United States, the foreign counterpart in the marriage may already have a tourist visa issued. So what do we mean by this? Well there's the B-1 Visa B2 Visa and the more commonly issued B1/B2, colloquially referred to as a tourist visa. Where one of those these is  already issued, yes it does grant permission to the Visa holder to travel to the United States and request entry therein but it does not as noted in previous videos on this channel, it does not in and of itself grant entry or guarantee entry. But that being said it can be used to travel to the US. However where you have an immigrant  case on file, immigrant presumptions have been raised. Presumptions of immigrant intent have been raised because the given individual has noted the intention to immigrate to the United States and that intention runs in conflict to the non-immigrant intention associated with the tourist visa. Now in most sets of circumstances the default position of "not a good idea" is probably the best course of action with respect to this topic. But that being said, there are narrow sets of circumstances where it may be possible that one's intentions do lineup in a non-immigrant way with respect to a given trip to the United States, notwithstanding there's an overarching intention to immigrate to the United States possibly at a later date. For example someone who has a pending IR -1 petition on file who travels to the United States briefly on a tourist visa and then leaves shortly after going into the United States for whatever reason; a trip to see family most of the time or maybe even a business trip, something of this nature. In those circumstances it may be possible and it may be perfectly legal to utilize the tourist visa notwithstanding the fact that there is an IR-1 petition pending. That being said, it is very, very, very good advice to contact a legal professional well versed in Immigration to provide an opinion regarding a given couples specific circumstances because there are going to be circumstances where in fact this does not hold up. Where it is not going to be a good idea to use a tourist visa while an Immigration case is pending. But that being said it is best if these matters are scrutinized on a case-by-case basis by a legal professional because what may work in one set of circumstances may not work at all in another set of circumstances.

So the thing to take away from this video. You have this conflicting intent between immigrant and non-immigrant visas so traveling to the US on a non-immigrant visa while an immigrant visa is pending is problematic, especially from a legal standpoint, and therefore those who are thinking of undertaking such a course of action are well advised to contact a legal professional before taking any steps one way or the other in order to be best advised as to how to proceed.