Using B1/B2 to travel with denied H4 and i824 in process?


Lulu316

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Hello,

Could someone please help me with a query?

I have a valid ten-year B1/B2 visa for the US (I’m an Indian national) and have used it once before for a 3 week visit in April 2014 to visit my boyfriend. He and I then got married in India in August 2014 while he was on H1B. Our plan was always to apply for a follow to join, since I have work commitments in India and could not have traveled easily at that point. But we were advised by our attorney to try and obtain an H4 for me as a follow to join may take a long time, and we still had a small window, since his date was current but his green card hadn't come through yet. I applied for an H4 visa in September 2014, but he got his green card approved three hours before my H4 visa interview. Therefore I was denied the visa and told it was without prejudice by the VO and that I was entitled to use my B1/B2 to visit him. However, we would now like to apply for the follow to join for me, as per our original plan. My question is: will I still be able to visit the USA for a short period using my B1/B2 visa with a denied H4 and a pending i824? I continue to maintain my full time job and residence in India and would be visiting for a short period of four-six weeks and I will be able to furnish proof of all this.

Thank you

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The B1/B2 visa is still valid, since the VO did not cancel it. There is no legal prohibition against coming to the U.S. for a visit (and then leaving) while the I-824 FTJ case is pending.

 

HOWEVER, whether or not a person will be granted admission in B1/B2 status is within the descrtion of the CBP officer at the Port of Entry. If they do not believe that a person will depart the U.S. after the visit, they can deny entry. Thus, such travel is not prohibited, but there are risks of being turned back at the POE.

 

It would be best to set up a consulation to discuss how to handle matters if problems arise at the POE.

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