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Traveling on B-2 visa with pending greencard application

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  • Traveling on B-2 visa with pending greencard application

    My wife has filed I-130 petition for her parents with consular processing (Her parents are currently not in US). Her parents already have a multiple entry visitor B-2 visa and have been to the US many times. The I-130 application is still processing (applied ~6 months ago). Can they visit the US using their B-2 visa right now (before I-130 approval)? What about once I-130 is approved and they are going through the next step that involved processing by the National Visa Center - can they visit US using their B-2 visa during that time? They will have a dated return ticket when they arrive. Thanks!

  • #2
    They can always visit the US as long as they can convince the officer that they intend to visit briefly and then leave on time, and won't file I-485 during their stay. Of course, it might be harder to convince the officer of this since they already intend to immigrate to the US and can easily change their mind and stay.

    This is my personal opinion and is not to be construed as legal advice.

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