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Traveling to US on B2 while waiting DV 2008 CP

F

Fiestoca

Registered Users (C)
Hey All:

I do need some help with this one. I currently hold a valid B2 visa in my passport the visa is good I never worked or overstayed on this visa, however Im waiting for my DV 2008 Consular processing in La Paz Bolivia the aproximate date is Feb 2008. I got a friends wedding in the US in Novemeber. So my question is Would it be a good idea to enter the US on my B2 while I'm waiting for my CP for the 2008 DV visa? I've already wrote the the KCC they replied that for this case I do need to contact the USCIS which I intend to do during the week, I've also asked if the new Prices for the various Immigration Processes applied to DV winner they've also replied that I should contact the USCIS for this matter. Any Ideas how to proceed anyone? Help would be greatly appreciated....
 
hi

Hi Fiestoca.
Your question has been answered many times in the forum by lucymo. I will try to give you a summary of what I understand could happen based on what I read in this forum.
Your coming to US on a tourist visa will generally not hurt your immigrant visa process however there is a catch.
The B2 is a non-immigrant visa (i.e. you had to prove you did not want to come and live in the US to get it) So when you get to Miami. The USCIS officer may ask you if you want to immigrate to the US. If you say yes she will most likely not let you in and cancel your b2 that moment. If you say no there are 2 outcomes; (1) she doesn't know about your immigrant visa application and you get in and out with no problem. (2) she sees in her screen that you have applied for an immigrant visa and catches you in a lie. That would put a permanent ban on your name and you can never enter the US legally again.
That is the theory. Nobody knows how much information on you USCIS has at the airport so I don't know the chances of that happening but there is still a chance that it may happen.

ps. I am not who you think I am but I too enjoy los Viernes por la noche:)
 
Nacho…I totally disagree with your explanation about this situation. It is not the first time I have read this kind of assertion in this forum. Let me begin with what you said about the likely scenario at the port of entry for some one who tries to enter with B2 visa while he has a pending immigration case. First of all I have never encountered or heard of any one who is asked at the port of entry “if he/she wants to immigrate to the USA”. If, for the sake argument, it is asked the only true answer is “yes”. Now here is my problem. Why would the good officer assume that I would do it illegally? Yes I have plan to migrate to the US through DV or what ever legal process but this time I am staying only two weeks or two months and the reason of my visit is such and such…btw, I am not putting this for the sake of argument but it is from my own experience. I don’t know why you want to make the immigration guys look quite unreasonable. In fact every person that has filled the DV lottery has immigrant intent but only those 50 thousand or so who win the lottery would fill the DS-230. If showing immigrant intent is just enough to bar someone from entering the US, it should apply to all the millions of people who entered the lottery not the few who won it. I think you are trying to equate, “wanting to be rich” with “robbing a bank”. I simply don’t understand why you give this kind of explanation. If you have any official source, you should let us know
 
Hi Heremias.
I think you missed my point. Let me answer
First: The main point I was trying to make that the B2 visa is a visa given for people with NON-IMMIGRANT INTENT. (the key word here is INTENT forget about legally or illegally) . This is what the law says regarding entry with tourist visas:

Section 214(b) - Immigration and Nationality Act (INA).

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a non immigrant status...

Second: I know millions of people have applied for the lottery but only a few win and send their papers back to KCC. Now, I may be wrong, but this would clearly show immigrant intent to any reasonable officer…..This means that she no longer is illegible for entry with a B2 visa.

Third: I think it would be irresponsible to advise someone to do something based on the assumption that the officer will be reasonable and will assume that she will go back home and then follow the lottery CP (which by the way does not guarantee a visa)

Forth: I am not trying to equate anything to anything I am only stating what the law says and what the officer could do assuming that he follows the law strictly. Is that a bad assumption?

Fifth: Do you really think officers can (or will) interpret the rules as they please and do what they feel is reasonable or not? I guess everybodys case is different. I guess some people get lucky and some don't.

Finally, I am no lawyer I am just giving a comment to the best of my knowledge. you can take it or leave it.

Cheers.
Nacho
 
I would think that your B2 visa remains valid until you apply for permanent residency. The moment your application is received you have declared your intent to migrate. However with your B2 visa you will be asked at the port of entry how long you intend to stay. If you are honest and tell them how long your stay is going to be you should be fine. The officers don't usually ask about your intent, they only discern that and you bet they have so many ways to do that.

In a nutshell, besides your notification from Kentucky if you have yet to send in your paperwork you are fine but if you have sent your paperwork back then you have declared your intent to take up residency in the US. I would wait it up as there will be so many more weddings to come.
 
Nacho is correct.

If you can prove to the officer that your stay will be temporary and that you intend to pursue your CP in February 2008, he/she may let you in.
 
Lucy MO always on time!!! Thanks

Yep the truth is that I dont need to jeopardize my DV application process at this time all for a wedding, At a immigration chat a lawyer already alerted me about been in conflict of Immigration Status if I'd try to enter the US on a B2, kinda makes sense...thanks to all who folowed this thread. Just got to be patient I guess.

Other question arise however during my CP interview would my B2 visa get cancelled before the interview or only after the GC visa is stamped? My sister applied for a fiance visa and her B2 got VOIDED (in big letters) before she was even interviewd would it be the same case for the B2 this time?
 
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