Published: September 17, 2025
Is it a good idea to visit a loved one in the US while awaiting approval for an immigrant visa? Although challenging, many foreign nationals with a pending immigrant petition consider obtaining a tourist visa.
Convincing the consular officer that your visit to the US and that you will return to your country of origin is one of the significant hurdles you will face. Hence, it’s imperative to understand the requirements and risks involved in the process to avoid compromising your immigration plans.
What You Need to Enter the US as a Visitor
Suppose you want to visit the US temporarily. Generally, you need a nonimmigrant visa to enter the country for a temporary purpose, such as business, tourism, study, or medical treatment. In particular, a B-2 tourist visa is designed for foreign nationals visiting the US to go on a vacation, seek medical treatment, see a loved one, or participate in a social event.
Even with a tourist visa, entry to the US is subject to the discretion of the US Customs and Border Protection (CBP) officers. You must convince them that your visit is strictly temporary and that the purpose adheres to the visa guidelines. The CBP officers decide whether to approve or deny admission based on your intent and supporting evidence.
Presumption of Immigrant Intent in Tourist Visa Applications
Tourist visa applicants face the presumption of immigrant intent. Initially, immigration officers presumed that you intend to live permanently in the US unless you can provide sufficient proof otherwise.
You must demonstrate that you would return to your home country before the issuance of a tourist visa. Failure to satisfy this requirement will result in a visa refusal under Section 214(b) of the Immigration and Nationality Act (INA).
Risks Involved When You Have a Pending Immigrant Visa
Having a pending immigrant visa may complicate your tourist visa application. Your intention in visiting the US is a significant factor when applying for a nonimmigrant visa, such as the B-2 tourist visa.
A pending immigrant visa petition indicates your intent to live permanently in the US, which contradicts the nonimmigrant intent required in a B-2 tourist visa. Although it doesn’t automatically disqualify you, consular officers will likely view your application with increased scrutiny.
As a result, it will be more challenging to prove that you have compelling reasons to depart the US after the duration of your visit and return to your country of origin. You have a lower chance of tourist visa approval unless there’s convincing evidence of strong ties in your home country.
Strengthen Your Tourist Visa Application With ALG Lawyers
A well-crafted tourist visa application with sufficient evidence that your visit to the US would be temporary is vital to ensure approval. The consular officer will examine whether or not you have compelling reasons to leave the US after the temporary visit and no intention to abandon your residence abroad.
Ensure to strengthen your application with the assistance of a reputable Los Angeles lawyer. Begin a one-on-one consultation with our team at ALG Lawyers to discuss the specifics of your immigration case.
FAQs on How a Pending Immigrant Visa Impacts Your Tourist Visa Approval
Should you disclose a pending immigrant visa petition when applying for a tourist visa?
Full disclosure of any pending immigrant visa petition is essential to avoid legal repercussions in the future. An attempt to conceal information or misrepresent facts can result in the denial of your application or a permanent reentry ban to the US.
How can you boost your tourist visa approval chances with a pending immigrant petition?
Proving nonimmigrant intent is the key to boosting your chances of getting your tourist visa application approved. To do so, present proof of your visit’s temporary visa, strong ties to your country of origin, and good financial standing. A qualified Los Angeles immigration lawyer can help craft an application that convinces the consular officer that you don’t intend to reside in the US permanently until you have an approved immigrant petition.
What documents are acceptable to prove nonimmigrant intent in tourist visa applications?
The following documents can help you prove sufficient nonimmigrant intent in your tourist visa application:
- Proof of property ownership to show that you have a residence you don’t intend to abandon.
- Evidence of stable finances, such as tax returns, investment records, and bank statements
- Employment letters and statements confirming professional ties and job responsibilities to your home country.
- Marriage certificates, birth certificates, and other family documents demonstrating solid ties to close family members.
- Detailed travel plan specifying the purpose of your visit and the intended duration.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)