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How much am I allowed to travel on a B-1/B-2 visa after my I-526 is approved?

After I-526 approval, how can I enter the United States on my valid B-1/B-2 visa to attend my daughter''s graduation while I wait for the NVC in Washington D.C. to contact me for immigrant visa processing? My I-526 was approved almost 3 months ago but the NVC has still not received my documents from USCIS. If denied entry, will this affect the processing of my immigrant visa later?

Answers

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    Answered on

    You may get questions from the CBP officer but an I-526 petition, even an approved one and nothing more, should not give rise to immigrant intent.

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    Answered on

    Your attorney should contact the NVC to inquire about the status of the case transfer. It may be difficult to enter the United States on a tourist visa with an approved I-526. Since you have opted to consular process on the I-526 application and if you can demonstrate to the CBP officer that you have strong ties to your home country, intend to consular process and are only visiting the U.S. for your daughter''s graduation, you may be allowed to enter the U.S. If entry is denied, ask to withdraw application for admission on the tourist visa to avoid expedited removal issues and a possible future bar from the United States. Disclose all information accurately.

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    Answered on

    Yes, you very well may be eligible to enter the United States to attend your daughter's graduation if you have a valid B-1/B-2 multiple entry visitor visa. Remember the fact that you have an approved EB-5 Investor Petition on Form I-526, which will be a matter of record in the Immigrant data base and available to the Immigration Inspector at the airport. Thus, if asked, you should readily say yes, an Investor Petition for you was approved and you intend to file for your immigrant visa at the appropriate Consulate in your home country. In the interim, you need to attend your daughter's graduation ceremony. This is called dual intent. Typically, even after your I-526 Petition is approved, it could take 6 months or longer before you would be scheduled for your immigrant visa interview.

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    Answered on

    While your need to attend the graduation ceremony is understood, it might seem like this trip has immigrant intent. Other than this suspicion, there is no other justification not to attempt to enter the United States. In seeking to enter on a B-1/B-2 visitor visa, you must provide assurance that you will indeed return to your home country to process and finalize the I-526 immigrant visa. If denied the B-1/B-2 visa, it should not affect the immigrant visa through the I-526 having invested $500k in the process. Advisably, consult an immigration attorney for further advice.

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    Answered on

    The key is to never lie and to make sure you have not abandoned your residence abroad. Do not quit your job and do not sell your home. You must have a home abroad and must not live here on a tourist visa. A tourist visa is for tourism only.

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    Answered on

    As long as you can show intent to return abroad, you should be allowed in on the B-2. You can indicate that you are returning for your consular interview for your I-526 and immigrant visa.

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    Answered on

    Yes, as long as you do not have any intent to adjust your status, you should be able to attend the graduation. If your B-1/B-2 is still good, they may not ask too many questions at the airport other than asking about a reason for your visit. If they mention the I-526, you must be honest and tell them you have requested the Consulate processing of Immigrant visa and you will be interviewed before coming back.

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    Answered on

    As long as you demonstrate in the B-1/B-2 visa interview you will return to your home country on time after you attend the graduation ceremony, the chance of getting a B-1/B-2 visa is high. Even if you are denied the B-1/B-2 visa application due to immigrant intent, it should not impact your EB-5 visa application.

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    Answered on

    During and after I-526 approval, you may travel using your visitor (B-1/B-2) visa. Your immigrant visa processing will not be affected by the use of or denial of entry using your visitor visa.

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    Answered on

    If you have solid proof of your intent to depart then, yes, you may be admitted as a visitor at the discretion of the CBP officer.

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    Answered on

    You can travel to the United States during the pendency of your NVC processing. I do not expect you to face any problems while trying to enter the United States. Also, denial of entry on a B1/B2 visa should not impact your NVC processing as long as you honestly answer all questions asked by the border officer.

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