Hi guys, I have a PERM application currently pending, and since I am located not in the U.S.A., I am thinking of flying to America right after PERM will be approved, specially for applying for I-140 and I-485 in the U.S.A.
Currently I have a valid B1/B2 tourist visa, and I want to use it once PERM is approved and fly to US, meaning that I prefer to not use Consular processing for getting EB-3 visa. I want to file I-140 (with Premium Processing) and I-485 concurrently after staying in the US for at least 3 months.
My question is: is that OK to proceed in this way? >
PERM approved > visit US for travel as a Tourist > staying there for 3 months > filing those forms and waiting for approval.
(My priority date is “Current”)
B1/B2 visa intent is temporary visit/stay in the United States. What will you answer to the CO at port on entry if they ask what is the intent of your visit? If you say you are travelling to file AOS, your entry may be denied. If you say you are on business/leisure travel, then you are lying.
Some immigration lawyers suggest to wait for 90 days before filing for COS/AOS when travelling on B1/B2 however if the adjudicating officer at USCIS concludes that you deliberately lied to CBP, they could reject your green card application and revoke your temporary visa.
B1/B2 only allows up to 180 days of stay and you are supposed to be present in the US while your I-485 is being adjudicated if you opt for AOS. With biometrics, medical and a probable interview the process may take longer and you may not be able to extend your stay on B1/B2.
For people not already present in the US, safest way is consular processing. You should consult immigration lawyer of your employer who sponsored your GC and talk to them before taking such a step.