Entry to US

[HelenRuth31]

My son has an approved F2A petition and the visa is currently available but he has not started the processing at the NVC. He has a multiple entry tourist visa which he has used 3 times in the past and is still valid. Can he still use this to come to the US and not be denied entry at the port of entry for having an approved petition and visa currently available? He has a sister whom I petitioned at the same time and I have already paid the Affidavit of Support and Immigrant Visa Fee and I realized that it will take 3 - 5 months before she can even have an interview date. It is for this reason that I want my son to come as a tourist because the processing takes a long time and I want him for the Christmas holidays, afterwhich he will go back to our country to process the approved petition and come back again in the US, this time with her sister and their immigrant visas. How can he convince the CBP at the port of entry that he will just stay for a couple of months and then return home to process his immigrant visa?

[ImmigAttyLana]

He may or may not be able to come in, depending on the discretion of the port of entry officer. But he can just as easily process his immigrant visa and come for the holidays and then go back and return with his sister. Just because he would enter as an immigrant does not mean that he has to remain here and cannot go back.