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Wait for I-130 approval, While in the US on B2 visa

Los Angeles, CA |

Can I be in the Us on my B1/B2 visa while I wait for the i-130 approval. Then go back for the interview to ciudad juarez and enter with the green card? If I get it? I have been waiting for 4 months, my application is through my wife the website says It should take about 8 months to have a decision. I have been to the US several times after my application was submited and havent had any problems entering.

Attorney Answers 3


Yes, but you are not likely to be admitted to the US on the facts in your posting.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Generally, it is not advisable to travel into/out of the US on a non-immigrant visa while you immigrant application is pending. You may have been fortunate in the past with entering on a B1/B2 without a problem but it does not mean that this is a guarantee in the future. CBP may stop and question you in depth about your true intent for entry, which can cause serious problems down the road for your ability to immigrate. Is the risk worth it? You are the only one who can decide.

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Best to review with an immigration lawyer

John Lassen 1-877-252-4630

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