janpolad

Good day everyone!

I have received a B2 visa for visiting USA in March 2013. My son is a USC and he can begin a I-130 petition process right now, while I'm in my home country. The question is - if he does begin to petition me, will it take to having my B2 revoked before I enter the US?

And one more question - if it does not hurt my B2 visa, and I enter USA in March 2013, will there be any problems with my I-130 petition if I am in the USA at the time, when I should receive my Green Card?

I guess there are two ways of how I-130 process can go - Consular processing (the person stays in his home country) and Adjustment of Status (the person is in the USA). But in my case it's tricky - I'm planning to enter USA after my I-130 petition has already been filed a couple of months ago.

Please, advise if it's possible. Thank you!

ian-mstm

No. It is perfectly okay for him to petition for you regardless of any other visa you might have.


You need to understand that US immigration is a 2-step process. First the I-130 must be submitted and approved. That'll take about 4-5 months. Once that's done, you must then apply for an immigrant visa. That'll take another 4-5 months. Once you receive your immigrant visa, you will get a green card the day you enter the US... but not before. Prior to receiving your visa, you must first attend an interview with US immigration in your home country.


Be aware that you can not enter the US as a visitor with the intent to stay to adjust your status... that's illegal. Don't do it. You must return to your home country for an interview prior to getting an immigrant visa.

Ian

Noorah101

No.

You won't be receiving your green card until after you enter the USA using your Immigrant Visa. So your above scenario cannot happen.

No, this is incorrect. There is no "I-130 process". There is an Immigrant Visa process, which includes filing an I-130 to start the ball rolling. Then there is an Adjustment of Status process, which as part of the AOS package includes an I-130. You are doing the first one...Immigrant Visa...so your case has nothing to do with Adjustment of Status.

It's not tricky. What you are doing is fine. Your son submits an I-130. You can come visit the USA at any time during the whole Immigrant Visa process. You return home to obtain your police report, get your medical done, and attend the visa interview in person. When you get your Immigrant Visa in hand, then you enter the USA using that visa, and immediately become a US Permanent Resident (i.e., get your green card).

Rene

Steve_

A nonimmigrant visa is purely a travel document, it does not entitle you to enter the US. That is determined by CBP at the POE.

But the two are not connected with each other, to answer your question.

You have to have nonimmigrant intent to enter as B-2, however if you just happen to be in the US at the time, you could apply for AOS if you want.

ian-mstm

... but only if you don't have immigrant intent when you enter the US. Since this is clearly not true for janpolad, that route is closed to her.

Ian

jeffreyhy

Same as for an immigrant visa.

Regards, JEff