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May 10, 2010: Will Husband be Admitted as Visitor if I-130 Pending?

Will Husband be Admitted as Visitor if I-130 Pending?

I am a green card holder since 2006. I have petitioned to bring my husband and son to the U.S., but I was not able to comply with the documents needed. My husband has a tourist visa even before the petition. He wants to visit his sister in the U.S. who is due for kidney transplant. He has no plans of staying here because he has a good job in our country. Will he be allowed in the U.S. upon arrival or will he get denied? Thanks and GOD bless.
— Anonymous

There is no guarantee that your husband, or any individual for that matter, will be granted admission to the United States. As it appears you already know, your husband must show that he intends to temporarily stay in the United States to visit his family and that he will be returning abroad before his authorized period of stay expires.

The Customs and Border Patrol (CBP) officer at the airport will determine whether or not to admit your husband to the United States as a tourist after asking him questions to figure out his intent. It impossible to predict with any certainty the exact questions that he will be asked. However, it is important that your husband truthfully answer any and all of the Officer’s questions.

Your husband may want to bring documentation to support the fact that he has a good job in his country and that his sister is having a kidney transplant. Other documentation he may want to bring with him is proof of familial ties and homeownership in his country, among other forms of proof that he has significant ties abroad.

He may be questioned about having a lawful permanent resident wife and the petition filed on his behalf. The Officer may think your husband is coming to the United States to adjust his status to lawful permanent resident. Your husband gives himself the best chance of being admitted by providing the above mentioned proof of his intent to temporarily stay in the United States.

If you have additional questions about this matter and/or about your husband’s admissibility to the United States, it would be wise to consult with an experienced immigration attorney to discuss these matters.

Michael Shane and Evan Shane, Immigration Attorneys

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