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Jennifer Marie, Esq.
Jennifer Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3203
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I have a tourist visa to the US until 2021. I had been in

Customer Question

I have a tourist visa to the US until 2021. I had been in the US as tourist for several times. Last year my daughter filed a petition for me to become an immigrant to the US. It is now in process. i already complered my medical examination yesterday May 30. I wii report to ST. Lukes Hospital on July 27 for the medical certificate. Only after i get my medical certificate can I apply to US embassy for interview.
The question I want to ask is
My daughter in Indiana will give birth on July 8, 2016. Is it possible for me to go there now before she gives birth and come back to the Philippines before July 27 for my medical certificate and for my interview to US embassy. Can I still use my tourist visa. I am willing to be given only one month stay just to be with my daughter during her delivery. Thank you very much.
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Jennifer Marie, Esq. replied 4 months ago.

Hello there, my name is ***** ***** I will be the immigration attorney helping you today.

Congratulations on your upcoming grandchild.

Here is your answer: Legally you can still use your tourist visa and come to the US as a tourist temporarily to be here for your grandchild's birth. However , what is legal and what can actually happen when you arrive are two separate things. In practice, it may be difficult for you to be allowed into the US because the customs officers in the US airport will know that your daughter has petitioned for your immigrant visa already and that it is almost ready and that may cause them not to allow you in as a tourist. The reason for this is that a person coming to the US as a tourist is not supposed to have "Immigrant" intentions to live permanently in the US. They will know that you do have immigrant intentions through your daughter's petition and therefore they could choose to not allow you into the US for fear that you are planning on staying permanently on this trip. You should prove to them that you do not intend to stay yet by showing you have things to finish back home, own property,a job, etc. It is a risk to try to come but you can try.

Good luck to you during this process and I hope this answer has helped you!

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