I have a green card. I filed I-130 (Immediate Relative Petition) for my wife and my child, who reside abroad. The petition was approved, but as I understand, it will take almost 2 years to bring them here. Can I bring them with a tourist visa or V visa?

Unfortunately, both of those methods are not available.  Your family is not eligible for a tourist visa, because they have an immigrant intent.  For a tourist visa, they have to prove that they have no intention of living in the US permanently.  But, since they are clearly intending to immigrate into the US, based on your petition, they would not be eligible for tourist visas.

They are also not eligible for V visas, because their case had not been pending for over 3 years.  V visas are only available if the priority dates are so delayed, that the beneficiary had been waiting for over 3 years.  There have been no V visas issued for many years lately, because the priority dates for spouses and children of lawful permanent residents have been less than 3 years.

 

By | 2018-05-24T13:55:32+00:00 April 2nd, 2018|0 Comments

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