Can I travel to the US after I'm 130 approved?

Traveling to the US After I-130 Approval: A Delicate Balancing Act

Many individuals find themselves in a complex situation after their Form I-130, Petition for Alien Relative, is approved. While the approval represents a significant step towards obtaining a green card, it also introduces travel restrictions to the United States. The crux of the matter lies in the inherent conflict between the intent demonstrated by an approved I-130 and the requirements of a non-immigrant visa (like a tourist or business visa).

An approved I-130 signals to U.S. immigration authorities that the petitioner intends for their beneficiary to immigrate permanently to the United States. This presumed immigrant intent creates a significant hurdle for anyone seeking a temporary visa. Non-immigrant visas require applicants to demonstrate strong ties to their home country and convince consular officers they intend to return after a temporary visit. The existence of an approved I-130 directly contradicts this requirement, creating a presumption that the applicant intends to remain in the U.S., effectively making it very difficult to secure a temporary visa.

Therefore, while technically not legally barred from applying for a non-immigrant visa, individuals with an approved I-130 face a steep uphill battle. Consular officers are highly likely to deny the visa application due to the perceived immigrant intent. This is why it’s generally advised to remain outside the U.S. until the entire immigrant visa process is finalized and the green card is issued.

Exceptions and Considerations:

While the general rule is to remain outside the U.S., certain exceptional circumstances might warrant attempting to enter on a non-immigrant visa. These situations should be discussed with an experienced immigration attorney. Factors that might be considered include:

• Emergency situations: A documented, urgent family emergency requiring immediate travel might be considered. However, even in emergencies, visa approval is not guaranteed.
• Strong ties to home country: If an applicant can demonstrate exceptionally strong ties to their home country despite the approved I-130, they might have a slim chance of visa approval. This would require substantial evidence, such as significant business ownership, property ownership, or other compelling reasons to return.
• Dual Intent Visas (H-1B/L-1): While technically dual intent visas, even these can be challenging to obtain after an I-130 approval. Consular officers still need to be convinced the applicant will adhere to the terms of the visa and depart the U.S. if their H-1B or L-1 status terminates.

The Bottom Line:

Traveling to the U.S. after I-130 approval is a delicate issue. While technically possible to apply for a non-immigrant visa, the likelihood of approval is extremely low. The best course of action is generally to remain outside the U.S. and continue with the green card process. Consulting with an immigration attorney is strongly recommended to assess individual circumstances and understand the potential risks and benefits of attempting to enter the U.S. before the green card is issued.