Julia Roussinova
Immigration AttorneyIt depends on the facts and circumstances of how you entered the United States on the tourist visa, how you obtained it, and whether you stated on your I-526 form that you would consular process to obtain an immigrant visa to enter the United States as a conditional permanent resident or adjust status in the United States. The tourist visa is a nonimmigrant temporary visa to allow you to stay in the United States for pleasure or business purposes up to 6 months and you must demonstrate nonimmigrant intent. The I-526 petition is an immigrant petition and when you filed it, you demonstrated an intent to immigrate to the United States. If you indicated to a CBP officer at the time of your current entry on the tourist visa that you were entering on a tourist visa temporarily, but in fact intended to adjust in the United States and never return to your home country for the consular process after your entry on the tourist visa in March, then you lied to CBP and this creates an issue of visa fraud. If your I-526 was approved after you have entered on a tourist visa and you did not have any intent to immigrate at the time of your entry on a tourist visa, then there should not be an issue of potential visa fraud. Generally, it is always best to take the most conservative approach and, after analyzing all the facts of your situation, go the safest route, especially when there is so much at stake like an approved I-526 petition. Please consult an experienced immigration attorney to discuss the details of your case.