Question:

The issue here would be dual intent. For the B, you’d have to prove you’ll only be in the US temporarily and will return to your home country. That will be difficult when you have an immigrant (permanent) process pending. Also, hiding things from the government in your petitions and applications should not be done ever. Retaining US immigration counsel will help you create a US immigration strategy that is legal and helps you achieve your goals.

If you have already filed for EB-5, it will be difficult to obtain a B-1 or B-2 visa, unless you can show strong ties to your home country, e.g., owning a business or having a long term job, as well as a wife at home and children in school. If you do not disclose that your I-526 is pending, the US Consul will see it in your immigration records and could deny you for fraud or misrepresentation; you may be barred from getting a visa and/or Green Card. Therefore, tell the truth, even if that means you may not get a visitor’s visa.

Not disclosing information asked on your application or interview may cause future complications. Obtaining a visitor visa while a I-526 is pending may be difficult due to a conflict in intent. The visitor visa holds the intent of returning to your home country while your I-526 petition holds the intent of permanently residing in the U.S.

It is strongly advisable to disclose in your Application for a B visitors visa that you have filed an I-526 petition, especially when asked. The problem may arise that the U.S. Consulate may not believe you will only stay temporarily in the U.S. and therefore may not approve you for the B temporary visa when you have a pending immigrant petition which reflects your goal to permanently reside in the U.S.