Entering US After I-130 approval

reazuddin

reazuddin

New Member
My mother came to US on B2 visa. Then I applied I-130 for my mother (didn't apply for I-485 or anything else). Then my mother left US. After leaving US, her I-130 got approved. The problem is I selected the option of applying through the local consulate. But now I want her to come here and then apply for adjustment of status (I-485). Local consulate processing is just too lengthy. Is this doable? Will they let her enter US with her B2 visa? And process I-485 instead of doing it through the local consulate?

Thanks,
- Reaz
 
Using a NIV to enter the US while harboring a preconceived intent of filing for AOS is frowned upon, could be deemed a fraudulent attempt at obtaining an immigration benefit. Your mom should proceed with the CP as planned.
 
Oh - I combined these two -
1. I see people in my circle entering US on B2 visa while there I-130 is pending or approved.
2. As you said -- "someone who is already in the US can file AOS".
 
reazuddin said:
2. As you said -- "someone who is already in the US can file AOS".
Click to expand...
Further clarification. Someone already in the US when decision to file AOS was made (due to a change in circumstances) can file for AOS. Your mom’s case does not currently meet this requirement.
 
reazuddin said:
Oh - I combined these two -
1. I see people in my circle entering US on B2 visa while there I-130 is pending or approved.
2. As you said -- "someone who is already in the US can file AOS".
Click to expand...
If CBP thinks she is entering with immigrant intent to adjust they may refuse her entry.
 
You must log in or register to reply here.
Top