Use B1/B2 tourist visa to re-enter US while I-485 and I-130 are pending?

USA
1

Hi Anil.

If I already have a valid tourist visa (B2), do I still need to fille I-131? Can I still use my tourist visa to re-entry the US while my I 485 and I 130 still pending?

Thanks for your help.

1 Like
2

I strongly suggest to NOT use B1/B2 visa to enter USA while your i-485 Green card application is pending.

B1/B2 visa does not allow Immigrant Intent

B1/B2 visa is only meant for temporary visitors and does not allow the intention of staying back in USA.

With your pending i485, you have already shown your intention of staying in USA permanently.

This is in direct contrast of what B1/B2 visitor visa allows. Hence, your entry can be barred at US port of entry airport and you may be deported.

File I-131 advance parole

You should file I-131 advance parole application and travel once you get your AP approved to return back legally and safely while your i485 is pending.

This is the right way.

1 Like