B1/B2 status affected by filing of GC?

[bobs21]

Hi,

I am currently residing outside the US and I already have a 10 year B1/B2 multiple entry US VISA. My sibling will very shortly apply for a Green Card (Family based- 4'th preference) for me. Am not sure what'll happen to to my B1/B2 VISA the moment the Green Card application is filed.
1) Will the VISA get cancelled since I'm showing an intent to immigrate?
2) Will I be barred from entering the US (if at all my VISA stands cancelled) till the time I actually get the Green Card?

Would really appreciate if you guys could help me out on this...

Many thanks,
Bob

[bobs21]

No replies. Guys, please offer some advice...I'd really appreciate.

Bob

[curiousGeorge]

Originally Posted by bobs21

My sibling will very shortly apply for a Green Card (Family based- 4'th preference) for me.

Will you go for consular processing, or adustment of status?

Consular processing should not interfere whatsoever.

Adjustment of status from B status is a little tricky, so you need to be aware of some specific pitfalls to watchout for.

[machelon]

you may be able to enter the US without them knowing you already intent to immigrate but maybe at the time of the interview...or when you get your green card they would question why you used a non-immigrant visa while you immigrant application was pending.
I know it sucks to be waitng outside...but i think it pays off to be patient and make sure you won't have problems getting you GC in the future.
Goog luck.

[cherr1980]

Your waiting is over 10 years...so I think you can try.

[pianoplayer]

Originally Posted by machelon

you may be able to enter the US without them knowing you already intent to immigrate but maybe at the time of the interview...or when you get your green card they would question why you used a non-immigrant visa while you immigrant application was pending.
I know it sucks to be waitng outside...but i think it pays off to be patient and make sure you won't have problems getting you GC in the future.
Goog luck.

I don't see any reason why he cannot use his visitor visa, as long as he proves that he will return. His wait for an immigrant visa will be MANY MANY years. Therefore, when he enters e.g. for a quick tourist trip up the west coast, to visit Disneyland or whatever, he does not legally have immigrant intent. A future intention of immigration is not a current intention and therefore he can legally enter on the B1 visa without violating any laws.

The POE officer, if he notices a filed I130, will however want to see proof that he plans to leave after the visit, e.g. letter from employer, mortgage on house etc. But provided he satisfied the officer, and that he IN FACT DID RETURN, there should be absolutely no problem at a future GC interview.

[pianoplayer]

Originally Posted by pianoplayer

I don't see any reason why he cannot use his visitor visa, as long as he proves that he will return. His wait for an immigrant visa will be MANY MANY years. Therefore, when he enters e.g. for a quick tourist trip up the west coast, to visit Disneyland or whatever, he does not legally have immigrant intent. A future intention of immigration is not a current intention and therefore he can legally enter on the B1 visa without violating any laws.

The POE officer, if he notices a filed I130, will however want to see proof that he plans to leave after the visit, e.g. letter from employer, mortgage on house etc. But provided he satisfied the officer, and that he IN FACT DID RETURN, there should be absolutely no problem at a future GC interview.

You see, Machelon, Dr Phil isn't always as strict as you make him out to be --- he just follows the law.

[machelon]

man...i thought you said before that the POE "might" send a person back (on a non-immigrant visa) if an I-130 has been already filed...reagardless of the return ticket or letter from the employer....
so your saying that in future GC interviews they won't observe that a non-immigrant visa was used to get in and out when a I-130 has already been filed?

[machelon]

Originally Posted by pianoplayer

You see, Machelon, Dr Phil isn't always as strict as you make him out to be --- he just follows the law.

...don't take the Dr Phil comment too seriously.
as long as the advice refers to the law only...and no morale talk gets mixed in...i am happy

[pianoplayer]

Originally Posted by machelon

man...i thought you said before that the POE "might" send a person back (on a non-immigrant visa) if an I-130 has been already filed...reagardless of the return ticket or letter from the employer....
so your saying that in future GC interviews they won't observe that a non-immigrant visa was used to get in and out when a I-130 has already been filed?

Be careful to distinguish between what I said earlier. As I am sure you learned when you studied law with your wife, you have to READ very carefully.

In theory, there is absolutely nothing illegal about entering the US on a tourist visa while an I130 is filed, provided that you comply with the provisions of the tourist visa, i.e. visit Disneyworld and leave again. Having an I130 filed is merely a petition for an immigrant visa, in many cases that petition will only be considered effective many years from the date it is filed.
Therefore, someone's brother may file an I130 for him, but during the many years of waiting for it to be current, that person may want to take tourist or business trips to the US. That is perfectly reasonable and acceptable, provided that the person obeys the conditions of the tourist visa.

Now in practice, POE officers are suspicious of people who do this. They are concerned, b/c there have been several individuals who claimed to do this and then just "disappeared" and never returned. Therefore, what I said is, that there is a risk of being denied at the POE. There is no certainty that such a person would be admitted.

Upon entry, that person needs to provide the best proof possible that he does not have intentions to immigrate ---- at least not immediately on that particular trip. Good proof usually is proof of employment abroad, mortgages and any significant obligations. Most people do not have problems when they present proof like this, but it is never a guarantee. That is what I was pointing out.

However, there is nothing illegal in itself to making tourist trips to the US while I130 is filed. The officer may not believe your good intentions and send you back, but that is a practical matter ---- you did not do anything illegal.

Therefore, if you manage to convince the POE officer, you make the trip, comply with the visa and return as required, you have not done anything illegal and there would be no problem at the GC interview. In fact, it demonstrates respect for the law ---- you had the chance to run and hide in the Appalachian mountains, but you did not ---- you visited and then returned, patiently waiting for your valid immigrant visa.

I hope that is clear.

Sincerely
Dr Phil of Immigration

hehe don't worry ---- I'm not really taking it seriously.