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Adjustment of status whilst on B-2 visa?

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  • Adjustment of status whilst on B-2 visa?

    I have an employment-based (nurse) permanent residence petition (I-140) which has just been filed and is now pending. I have evidence of the application - a USCIS receipt (I-797C Notice of Action)
    I filed for consular-processing, rather than adjustment-of-status, as I am presently in the UK.
    I am looking to work in the US, as a nurse, as soon as possible.
    Accordingly, is it possible for me to travel to the US on a B-2 visitors visa and file for an adjustment of status (and apply for a work permit simultaneously) so I could work, immediately as a nurse?
    Would I be allowed to enter the US on a visitor visa (B-2), given that I have now initiated permanent residence (US may presume that I will stay in the US indefinitely)?
    Even if I am allowed to enter the US on the B-2 visa, would my B-2 go out of status, whilst awaiting approval of my adjustment of status application? Finally, could it be seen as fraudulent, by the USCIS, to enter on a B-2, with the intent of undertaking an adjustment of status application?
    Thanks

  • #2
    "Would I be allowed to enter the US on a visitor visa (B-2), given that I have now initiated permanent residence"

    Most likely, you would be denied entry. The B2 does not allow immigration intent, which you have shown by having an I-140 filed for you.
    The only non-immigrant visas that allow immigration intent are H1 and L1.
    So, you'll have to wait abroad for the immigrant visa.

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