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Would entering the US on a 1 or 2 visa interfere with a employment based green card process ?

New York, NY |

The firm I am currently employed with in the US is starting my PERM ( EBB ) . I am on HOB . The company is sending me to the UK for 18 months , becoming a UK employee - HOB discontinued . US firm will continue my CG process - either consulate processing or filing my i485 when I come back in 18 months . My question is can I get a 1 / 2 visa to come visit US while CG is in process . I know 1 / 2 / is non immigrant intend . . . 1 ) if I apply for visitor's visa while PERM is in process would 1 / 2 be rejected due to PERM being in process ( even though it is not in the immigrant petition stage i - 140 ) ; 2 ) if I get 1 / 2 visa and come to visit when they get to I - 140 stage would that be problematic - visiting on visitor's ( non - immigrant intend ) visa but having an immigrant application in progress , ?

Attorney Answers 4


  1. Best answer

    1) It all depends if you can convince the consul that your coming to the US while the PERM is pending is going to be temporary, that you will return to your job abroad and also that when the time comes you will be consular processing in London, rather than seeking to adjust status in the US.

    2) see my answer number 1 above. The same principle will apply. It will al depend if the consular officials will believe you or not. BTW, each PERM and an I-140 petition are viewed as "manifestation of immigrant intent" will be construed as such, unless you can successfully refute that presumption by showing your absolute intend (need) to return back to your job in the UK after each temporary US visit while your PERM and I-140 are pending.

    Here letters from the UK employer each time, as well as proof of your residency and property ownership in the UK will definitely help.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. It's very difficult to obtain a B1-B2 while there is an immigrant visa application pending. You must show substantial ties to your home country and an intent to return.


  3. I agree with my colleagues. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com

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