I have an approved I-140, but the priority date will not be current for many years. In the meantime, I am temporarily working from India, but wish to occasionally visit the U.S. as a tourist. Will the approved I-140 prevent me from entering on a B-2?

Answer

To be admitted on a B-1/B-2 visa, a foreign national must overcome the presumption of immigrant intent. Needless to say, having an approved I-140 could be viewed as a sign that the individual desires to reside in the United States. However, this does not necessarily mean the person will be denied admission on a B-1/B-2 visa (or issuance of a B-1/B-2 visa by a consular post). These are generally discretionary decisions, and if the individual can establish, to the satisfaction of the immigration officer, that they have a residence abroad that they do not intend on abandoning, and that they otherwise meet the standard requirements for admission in B-2 status, the approved immigrant petition will not prevent the request from being granted. (30.Nov.2023)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

Copyright © 2023, MURTHY LAW FIRM. All Rights Reserved