QUESTION

Will her B2 visa be revoked with the I-130 approval?

Asked on Jun 09th, 2016 on Immigration - New York
More details to this question:
My mother is travelling to US next week with her B2 Visa (Multiple entry, 10 year visa). We filed her I-130 form around March and received an SMS notification/status change in USCIS website that her I-130 is approved just 2 days back. We have not yet received the formal letter from USCIS yet. In this situation, will there be any problems for my mother entering US with her B2 Visa next week? I'm hearing mixed responses from forums around this. Any inputs on this will be helpful. Thanks!
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1 ANSWER

Immigration inspector at the border can deny your mother entry. Every B2 visitor must prove to satisfaction of the Immigration that she/he is entering temporarily and do not intend to stay and become an immigrant. Approval of an I-130 petition is very convincing proof of the opposite: that your mother *does* intend to stay and become an immigrant. After seeing this information on his computer screen, an immigration inspector *must* deny your mother entry unless she can convince him that, even though she is the beneficiary of an I-130 petition, she is not going to file for adjustment of status and become an immigrant *during this visit*, that she intends to return to her country and obtain an immigrant visa through a consular processing there. (Many people are actually doing it: some need to dispose of property or finish other business back home; some have personal circumstances that make immigration to the U.S. right after the approval of I-130 difficult or even impossible). You can expect that the inspector will not just take your mother's word that she intends to return to her country; she will need some pretty solid evidence to back her story. You might want to speak with an immigration attorney so he/she would be ready to act if your mother's entry would be denied.
Answered on Jul 13th, 2016 at 9:18 AM

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