Memo to permanent residence candidates: visit as often as you like

Visitor’s visa is valid for multiple entry to U.S., even if applying for permanent residence

Q. If my sister sponsors me for permanent residence, will that void my visitor’s visa? I have a multiple entry visitor’s visa valid for five years. I used it once to visit last year. My sister is a U.S. citizen.Nafisa Ali, New York

A. You shouldn’t have a problem visiting the United States after your sister petitions for you. That’s of course assuming that you never overstayed the time the U.S. Customs and Border Patrol gives you to visit. Since the CBP admitted you once already despite your having a U.S. citizen sister here, visiting again shouldn’t be a problem.

Many visitors worry about being denied entry after a relative has petitioned for them. This is a reasonable concern since having a petition pending to live here permanently, seems inconsistent with coming here to visit. Nevertheless, CBP rarely denies entry to individuals with valid visitor’s visas who clearly are living abroad. A more important concern is for individuals applying for the visitor’s visa at a U.S. consulate abroad. With a family or employment-based immigrant visa petition pending, getting a visitor’s visa can be difficult.

So, in your case, until your visa expires, you should be able to use it to visit the United States. However, once your visa expires, having a family petition pending, may make it difficult for you to get a new one.

Q. I was in removal proceedings when the earthquake hit Haiti. The U.S. Citizenship and Immigration Services granted me Temporary Protected Status. The immigration judge closed my case for the period I remain in TPS. I want to visit my sick father in Haiti. The USCIS has granted me advanced parole for travel abroad. Are there any risks if I travel to Haiti? Will I have a problem getting back into the United States?

Quesnel, Stamford, CT

A. You shouldn’t have a problem reentering the United States after travel abroad. However, if you were unlawfully here more than 180 days before USCIS granted you TPS, traveling abroad means you may later need a waiver of the “unlawful presence” bar as a condition of getting permanent residence. That’s true even when traveling with advanced parole. Still, traveling to Haiti shouldn’t be a problem so long as you maintain a primary residence here. The TPS rules require that any travel abroad be “brief, temporary and innocent.”

One advantage of traveling with advanced parole is that a legal reentry will qualify you to interview here for permanent residence if you qualify for a green card as the “immediate relative” of a U.S. citizen. The law defines immediate relative as the spouse of a U.S. citizen, the unmarried child under 21 of a U.S. citizen, and the parent of a U.S. citizen at least age 21.