I am a U.S. citizen and filed an I-130 petition for my mother. She would like to visit me on her B-1/B-2 visa. Is this permitted?

Answer

In order to be admitted in B-1/B-2 status, the burden is on the foreign national to demonstrate that she lacks immigrant intent for that particular trip. Given that you filed this petition for an immediate relative – and therefore, not subject to the numerical limitations and backlogs that apply to the preference relative categories – there likely would be a significant risk of denial for your mother’s admission.

That being said, the U.S. Customs and Border Protection (CBP) officer at the U.S. port of entry can exercise discretion and admit someone in B-1/B-2 in this situation, but we typically would recommend only trying this if the person can present strong evidence of a clear intent to depart the U.S. once the B-1/B-2 travel is complete. (02.Nov.2022)

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