QUESTION
Can I enter the U.S. to adjust the status after applying for I-130?
Asked on Oct 17th, 2013 on Immigration - Texas
More details to this question:
My wife is a LPR and applied me for I-130 on April, 2013. I have a tourist visa (I visited U.S. one year ago and the visa is still valid). My question can I enter the U.S. and then apply for adjustment of status?
4 ANSWERS
A B1/B2 "tourist visa" is for someone who plans to enter the U.S. for a temporary stay, whether for business or pleasure, and then depart in compliance with the visa. A B1/B2 may not be used by someone who intends to enter the U.S. in order to adjust status to become a Lawful Permanent Resident (to get a "Green Card"). Misuse of a tourist visa may be considered "visa fraud," which can have very severe immigration-related consequences. [Note: This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
Answered on Oct 17th, 2013 at 4:53 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Not if that is the intent at the time of visiting.
Answered on Oct 17th, 2013 at 12:55 PM
Immigration Attorney serving Las Vegas, NV
at
Law Office of Arsen V. Baziyants
Update Your Profile
Yes, you can, but after entering you should wait at least 60 days before applying for adjustment.
Answered on Oct 17th, 2013 at 9:32 AM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
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If you can enter the U.S. on a visa and your priority date becomes current while you are still in status, then you will be eligible for adjustment of status. However, if you apply within 90 days of your arrival, USCIS may accuse you of committing visa fraud by having a preconceived intent of remaining in the U.S. permanently when you entered.
Answered on Oct 17th, 2013 at 9:26 AM