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Urgent! Entry in U.S. before GC interview

S

sunshinek22

New Member
Hello!

I need your help with an urgent matter! I am an F1 student and I redeived a NL on May 5th. I have decided to go with CP since my number is pretty high (EU17XXX). I had planned to go back to Bulgaria this summer (my home country). I have 2 quesions:

1. If I go further with the application, and leave U.S. for the summer, will U.S. customs deny my entrance to USA on the basis that I have applied for a green card (and I have a nonimmigrant visa)?

2. Can I send my paperwork later (end of August) to KCC, or is this really too late and I may miss my chance? When do you think is the latest I can wait?

Thank you so much for your help! I am really scared that U.S. customs may not let me enter because I have applied for the lottery. If there is anywhere else where I can read about it, please let me know!

Thanks again!!!!!!!!

Kremena
 
Pzdravlenia za NL. Ne mislia 4e shte e problem da vlezesh obratno v USA ako ve4e imash izdadena F-1 viza. Ne znam kakyv e slu4aia ako imash samo statut I-20 i triabva da hodish v konsulstvoto da ti izdadat F-1 viza. Az li4no ako imah I-20 statut bez viza, bih iz4akal nomeryt mi da stane current i togava da se vyrna v bg i da si izvadia napravo GC. Iny4e ima veroiatnost da ti otkazhat F-1 viza, tyi kato za neia ti triabva da dokazhesh 4e njamash immigration intent, a ako si podala formite do KCC, konsulstvoto mozhe i da ima informacia za tova i da reshi 4e imash immi intent i da ti otkazhe vizata, vypreki 4e imash I-20 formuliar. Pishi mi ako iskash na li4nia mi e-mail s pove4e info kakyv e to4no tvoia slu4ai: glezev@yahoo.com.

4ao i uspeh

Sasho

(2008EU0012xxx)
 
sunshinek22 said:
I am an F1 student and I redeived a NL on May 5th. I have decided to go with CP since my number is pretty high (EU17XXX). I had planned to go back to Bulgaria this summer (my home country). I have 2 quesions:

1. If I go further with the application, and leave U.S. for the summer, will U.S. customs deny my entrance to USA on the basis that I have applied for a green card (and I have a nonimmigrant visa)?
Click to expand...

It is quite possible.
2. Can I send my paperwork later (end of August) to KCC, or is this really too late and I may miss my chance? When do you think is the latest I can wait?
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I think so. I know the person who received DV-2007 NL in June and return the forms to KCC the end of September last year; she received GC. I don't know if this always works, but since interview is scheduled based on case number, it should be fine. If you use keywords "F1 DV" for search, you will find similar cases. Good luck!
 
drasprin

hi every body,,im ahmed from Egypt. i received my NL 5th of june.my case number is,AF14xxx,is it good? really, im alittle bit confused,dont know what to do to for perfect processing ,plz help by any and all informations and details ,thanks
 
Sunshinek22...I am sure enterance will not be a problem...I have won the DV-07 with a high case number. I am expecting my case to be current in August-september. I have entered the US twice (with a tourist visa) after returning my immigrant application to KCC. your other visa's (tourist or student) are valid until you earn your second interview
 
your other visa's (tourist or student) are valid until you earn your second interview
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I wouldn't be so sure. The visas are still valid, but it's up to the immigration officer at the point of entry to turn you back.
 
Well that is what experience tells me...I didn't have problem in both cases. Btw, i also had applyed and gotten another tourist visa last month. if my assertion was wrong i should have faced problem either at the embassy or at the entrance
 
did you indicate that an immigration petition was filed for you on your non-immigrant visa application?
 
Which country

hermias said:
Well that is what experience tells me...I didn't have problem in both cases. Btw, i also had applyed and gotten another tourist visa last month. if my assertion was wrong i should have faced problem either at the embassy or at the entrance
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Hello Hermias,
I was just curious from which embassy/country you got the tourist visa from.
Thanks.
 
Thank you all for your help with the travel. I also went to a lawyer, and he said that I shouldn't have a problem. I really appreciate your advice! I will probably go back to Bulgaria and enjoy my vacation! I am in status and my visa is valid, so I will keep my fingers crossed on the border!
Thanks again!!!!!!!!!!!
Kremena
 
what has lie got to do with this ?...i haven't seen any question related to that in the form...in case if you are talking about that question ..."has any one ever filled immigrant visa petition for you" ? i answered it "no" because i though that question is for some one for whome some else (a family member or so) has filled a petition. you can correct me if I am wrong, but my undestanding of the logic behind this is to make sure that people who are fade upwith the long migration process do not come to the US. In my case, I have always been going to the US on different occasions, no one but I filled the petition for myself...I don't really know if anything is wrong with that
 
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you can correct me if I am wrong
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I am correcting you. You have filed an immigrant petition on your behalf. The question has nothing to do with relative immigration.

my undestanding of the logic behind this is to make sure that people who are fade upwith the long migration process do not come to the US.
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the logic behind the question is to determine whether a person has demostrated an immigrant intent.
 
I guess LucyMo is right. Now you have a problem, because in your Consular Ineterview the consul might see your last non immigrant visa date of issue and wonder how you could have obtained that visa (the underlying in this kind of visas is that you do not show intention to emigrate) i.e. if they had known that you had submitted forms 230 to KCC before, they could/should have denied your latter B1/B2 visa. So, if you have it stamped in yr passport this could have been be because you lied and they did not noticed it.
That is the reason why I refrained from obtaining a b1/b2 visa while waiting for GC (My old one expired in may, 2006). I should have written that I had a petition in course... this in turn could have make them to deny the Visa...then when GC time arrives, I should have written in the new form 230 part II that I had a visa denied (my last attempr) thus complicating my immigration case....
 
That sounds funny! Why would a person who has demonstrated an immigrant intent be barred from entering for short term... is it for fear that he or she would stay there illegally? How about if they are let in by "mistake" and did not stay there as expected? Would that still be a crime?
 
it's not funny. You cannot enter on a non-immigrant visa if you have demonstrated immigrant intent. The consular officer has the discretion to refuse issuing a non-immigrant visa for you, and the immigration officer at the POE has the discretion not to let you in.
 
LucyMO said:
it's not funny. You cannot enter on a non-immigrant visa if you have demonstrated immigrant intent. The consular officer has the discretion to refuse issuing a non-immigrant visa for you, and the immigration officer at the POE has the discretion not to let you in.
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Starfleet said:
Hello,

I'm a French DV2008 winner. I sent back the paperworks few weeks ago.
I had already a 3 week vacation planned next September in Florida.
My questions are:
- While applying for a DV Lottery Green card, can I go to the USA with the VWP (Visa Waiver Program)?
- If not, should I apply for a Tourist Visa?
- Or, should I avoid to travel to the United States until I (hopefully) get my green card?

Thanks for your help,

Bruno
Click to expand...

Hi LucyMO,

Based on your last post, do you think I should cancel my vacations in order to play it safe?

Thanks for your feedback,

Bruno
 
Actually, having spoken to a US immigration attorney on this matter, until you file the forms with KCC for CP or UCIS for AOS then you have not filed an immigration petition, an application for the DV lottery is not an application for an immigrant visa, it is simply an opportunity to apply for an immigrant visa.

However, the above posts are correct in one sense, which is there is discretion on the part of the officers to refuse entry. I would take what you read here, individual experiences, and make the decision that is best for you on the information and other information from the internet and legal advisors.
 
Starfleet,
I was actually posting on this very issue. As far as I can tell there is really no black and white yes or no to this question. Having an application filed on one had, means that you are indicating that if selected and approved for a GC that you would move to the US as an immigrant. (i.e. you have shown immigrant intent) At the same time just because you go to the US on a visa waiver it does not necessarily mean that you will be remaining legally in the US. So really if you want to go I think the onus is on you to prove that you must return after a set period of time. Chances are you may not even be asked, chances are you could be questioned, and chances are if questioned and they are not convinced then you could be refused entry. Its very frustrating I know! But by simply carrying work ID, or maybe an employer letter or something similar with you, on the off chance that you are stopped, to prove that you must return to your country of origin, may help you out. I think the best thing is to be honest with the immigration officer. I have been in and out of the US on various types of visas over the years, maybe 10/12 times, so I have had ample opportunity to remain there. It goes against my personal beliefs, that is why I have never tried to stay. I have no business living/working in a country that I have no work authorisation for. I reckon an official would most likely see me as a low risk as an illegal immigrant, that said they cold still refuse me entry. If you are going, be prepared and upfront with immigration and in *theory* you should be fine. But there is always the risk that you may be refused admittance, although this is a risk that everybody who enters the US under the visa waver runs. As usual an unclear answer due to one of the most complex/confusing immigration systems in existence :confused:
 
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