Can I enter the US on existing B-visa while in process for green card through Consular Processing?

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kionkova

New Member
I have a 10 year tourist (B) visa. I have filed I-130 with USCIS and intend to use Consular Processing. While in process, can I enter and leave the US freely on my existing B-visa?
 
Individuals planning to travel to the U.S. for a different reason such as students, temporary workers, crewmen, journalists, etc., must apply for a different visa that is appropriate for their specific category. If an individual is planning to come to the United States for a course of study that is 18 hours or more a week and credited towards a degree, then they will need a student visa. Also, when one intends to travel to the U.S. to attend seminars or conferences to obtain credit towards a degree, then they too will need a student visa.
 
No. A B visa is a temporary, non-immigrant visa. In filing I-130 you are displaying 'immigrant intent'. Therefore your B-1 is likely to be revoked on entrance at the POE (in fact it is probably already invalidated) and you could be denied entry; causing problems with your petition *and* future entries.
 
lordmuggins said:
No. A B visa is a temporary, non-immigrant visa. In filing I-130 you are displaying 'immigrant intent'. Therefore your B-1 is likely to be revoked on entrance at the POE (in fact it is probably already invalidated) and you could be denied entry; causing problems with your petition *and* future entries.
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Not necessarily. A consular interview abroad for an immigrant visa is good evidence that you will be leaving the US after your entrance in B status, if for no other reason than to get your GC. However, you can expect questions and hassles at the POE.
 
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