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Immigration Issues/Vacation to USA while GC pending?

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Question
My wife is German and I am a US military service member.  My wife has a valid German passport; if we have already applied for her permanent resident visa (with the I-130), can she still vacation to the USA to visit me?  Her vacation to the United States will only last one week, then she returns to Germany.

I've called Customs and Border Patrol: they said as long as she has a valid German passport, she'll have no problem getting into the country.  But other offices have told me different information (e.g., state congressional offices have told me she cannot vacation to the USA while awaiting her visa).  Some clarity on this issue would be greatly appreciated.

Answer
Hi,

Your wife should not enter the U.S. as a visitor. She is an intending immigrant, but entering on visitor visa does not allow for intention to immigrate to the U.S. Thus, an immigration inspector at the port-of-entry may not admit her to the U.S.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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