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Entering US on B1/B2 visa with I-130 approved

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  • Entering US on B1/B2 visa with I-130 approved

    Hi All,
    looking for your expert advise on my parents Green Caed processing. My parents I-130 has been approved with the statement that the petition is kept for adjustment of status processing as the records show the last updated address of the petition is USA. The I-130 was filed when they were in US but then after filing they had left to home country .

    As the approved petition specifically mentioned that the petition is kept for adjustment of status , the suggestions was to have my parents travel to USA with I-130 approval on a valid B1/B2 visa and after 90 days of wait time , apply for adjustment of status .

    I am seeing forums where they say they should not travel in non immigrant visa with a I-130 approved as it will impact the processing and may even deny the green card petition. Can someone advise me if there is any risk on this approach and if there is any other alternate ways here for us .

    Thanks
    Nancy

  • #2
    They should not enter on B2 visa with preconceived intent to file Adjustment of Status during that stay.

    The proper route would be for the I-130 petitioner to file I-824 (in Part 2 select 1.d) to switch from Adjustment of Status to Consular Processing.

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

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