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?


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)

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