If I leave the U.S. and then my EB-2+NIW petition gets approved- will I be allowed back on a tourist visa to file the I-485?

Asked over 1 year ago - Los Angeles, CA

Hello. I got a RFE from immigration a few days ago to my EB-2 + NIW. My tourist visa will expire in late June. I already extended it twice (I had special circumstances that convinced immigration to extend it to this extent) so in June I'll already be in the U.S. for a year and a half on a tourist visa.

I'll do my best to answer the RFE as soon as possible because I want to get a reply while I'm still in the U.S. so I could avoid the consular processing back in my country, if the petition gets approved.

My question: If I leave the U.S. to for a month or two (not to my country, let's say to Canada) and my EB-2+NIW petition get approved during that period- will I be allowed back into the states on a tourist visa so I can file for a green card from inside the U.S?

Thanks.

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    16

    Lawyers agree

    Answered . No

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . No

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. F. J. Capriotti III

    Contributor Level 20

    5

    Lawyers agree

    Answered . No, you can not use a B-2 to enter with the purpose of adjusting status to that of a resident.

    You will need to Consular process.

    Don't be afraid of CP ...it is cheaper and quite often faster than dealing with CIS.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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