Can I apply for B1 after abandoning I485 (2.5 years)

[cvamfin]

Hi All,

 

I had an approved I-140 and I485 was pending. I returned to India in late 2011 due to family reasons (elderly parents). I returned to the US in August 2012 on AP (applied to renew during my 1 week stay, unfortunately, application was returned due to incorrect fee).

 

I have not been to the US since June 2012, and my AP expired  in Nov 2012, so, I essentially abandoned my I-485 application, even though my application still displays active status on the USCIS website.

 

I now want to visit the USA on B1 (visit disneyland/old friends etc). I hear that once the system flags you as someone who had applied for greencard,, it is very difficult to get a B1 visa. Is this (still) true?

 

TIA

[JoeF]

Yes, of course that's true.

The B2 (B1 is for visits for business, B2 is for visits for pleasure) does not allow immigration intent, but you have shown immigration intent.

You will have to convince the consular officer that you don't have immigration intent anymore.

[cvamfin]

Thank you JoeF, very succint. How does one go about proving lack of further intent to immigrate? Also, if I apply for B2 (thanks for correcting me, I want a B2 visa, not B1) and get rejected, what are the implications of that in terms of future applications. Now, I do want to be able to visit the US from time to time, I'd like to hear from others in a similar situation and how they overcame it.