Can B1 multiple visit visa status be effected by green card processings in USA?

[jerry32]

Hi folks!

So...I need some clarification on B1 multiple entry visit visa status.

 

If one holds a multiple visit B1 visa, and then later happens to marry and start green card processing through his/her spouse, will his/her multiple visit visa still hold true until he./she recieves Permanent resident card status?

 

In short, will he/she be able to re-enter USA on his/her prior B1- visit visa status while at the same time his/her file is under review for permanent residency status in the USA?

 

I am so confused on these law issues and would greatly appreciate any help!

 

Thanks so much y'all! :)

[omshiv]

There could be issues at POE when you enter on B1/B2 if your GC is under process..but you should be able to apply for AP and then travel.

[jerry32]

Thanks a lot for your immediate and helpful reply, Omshiv! 

 

I may be wrong, but as per my understanding AP travel doc is to avoid future problems at POE for people who have already filed for adjustment status in USA and have traveled outside of USA during the green card processing time.  

 

I was wondering more over what impact green card processing would have on B1 status and specially POE, if a person who was granted a multiple B1 Visa to states and later when he returns back to his native country, his/her spouse files for his/her green card.

Would having a GC in processing stop him/her from re-entering USA (should the need be..due to unexpected circumstances) on his/her previous issued B1 visa, bearing in mind that ever since the beginning of green card processing he/she has been residing out of states. 

 

Thanks so much again!!! :-)  

[pontevecchio]

In theory, the person need not be admitted. As a practical matter it would be unusual and besides a smile and a brief indication of the decades involved may be all that's needed.

[jerry32]

Thank you for your reply Mr.pontevecchio.

umm..I am unable to understand what the answer was for my question. If its possible, could you answer in simple way. It's confusing me and I am really in need of your precious advice.

thanks tons!

[JoeF]

Thank you for your reply Mr.pontevecchio.

umm..I am unable to understand what the answer was for my question. If its possible, could you answer in simple way. It's confusing me and I am really in need of your precious advice.

thanks tons!

The issue is that on B2, a person is not allowed to have immigration intent.

That means that if an I-130 or I-140 is pending or approved, it can be hard to be able to enter with a B2.

It is, however, somewhat in the discretion of the officer at the border.

Some officers may take a hard stand, and some officers may be more lenient and understanding of the situation.

In short, it is risky, but you may find a decent officer.

Because of the risk, it is not really recommended to use a B2 once an I-130 is filed, due to the risk involved.