Travel on B1/B2 while H4 is under administrative processing?

USA H4
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#1

Hello there,

I attended H4 visa interview with my spouse (H1B). He is moving to the States as a professor at a Tier 1 school. His H1B was approved but my application was placed in processing for DS-5535. We lived in the US for almost a decade before and have 2 kids, both US citizens. I still got a valid B1/B2 visa on my passport. As the H4 is under processing and can take several months, can I travel with my husband and kids with my B1/B2 visa? Would there be any issue at the port of entry? Please help.

Thanks.

#2

@anil_am22 any advice, please?

#3

Since DS5535 is related to national security and background checks, you may be denied entry or may be sent back from port of entry.

It depends on the CBP officer’s analysis of your situation.

Legally, you should be able to travel as you have valid B1/B2 visa but the final decision on entry will be made by CBP officer at port of entry.

My suggestion is to not travel. Rest is upto you.

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#4

Thank you @anil_am22! I agree with you. Getting an entry denial at the port of entry is the last thing I want. The funny thing is the B1/B2 visa also was issued after a security clearance back then. It is marked with “clearance received date”. I find it weird that the security clearance for one type of visa is not ‘transferred’ to another type of visa.

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#5

I wanted to update you all that we took the risk by travelling on a B1/B2 visa while H4 was under processing for DS 5535. We entered the country with not much trouble. I said ‘not much’ trouble because I was sent for an inspection where the officer asked why I was travelling on B1/B2 while H4 was under processing. I told the truth and said as soon as my H4 VISA is approved, I will go back to get it stamped and re-enter the country on H4. @anil_am22, FYI.

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#8

Sure, happy to help. FYI, we traveled on B1/B2 visitor visa while the H4 case was under administrative processing. In the immigration, we explained the situation exactly what it was but we were sent for a secondary inspection. We explained the same again and we were granted entry with no problem. A 6-month stay permit was granted.