B Visa

B visa while GC pending or similar situation

After a long-term relationship, earlier this year I married a U.S. citizen. I do not want to change my immigration status and do not wish to immigrate nor reside permanently in the United States since we both have steady jobs outside the U.S. and I do not want to leave my country. All I want is to be able to travel temporarily into the U.S. for pleasure and leisure as most tourists do, once or twice a year for a couple of weeks each time. I want to know if I can just apply for a new B-1/B-2 tourist visa to travel into the U.S. or if my husband needs to file an I-130 petition for alien relative and I-129 and K visa thereafter instead –which I understand would be the right process if I ever wanted to adjust status or become a U.S. permanent resident.

This is upto the discretion of the consulate and then again upto CBP when you land in USA. Consulates have the discretion to issue you a B visa - despite your presumed immigrant intent - if they are convinced that you will return. This is true for all cases where a B (or F or similar) visa is sought while GC is pending or could be pending.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

Using B visa with F-1

I have a tourist visa to the US which expires in 2009. However, back in 2004, i was able to obtain a F-1 visa for MBA studies. It expired in 2006 and my stay was extended through practical training. I have all necessary documents supporting that. My question is, will I still be able to use my tourist visa until the March 2009 expiration?

My assumption is that you are still on F-1 and in USA. If this is correct, you cannot use your B visa within USA.

While in USA, your stay and status is controlled exclusively by your I-94.

You can, however, try to reenter USA on B visa but after having stayed here for so long, a reentry is likely to be denied.

If, you are outside USA and have been out for a while (like a year or more), I think you can still use that B visa and try to enter USA.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

Guestbook Entry for Sanjay Chaudhary , United States

Name: 
Sanjay Chaudhary
State: 
NY
Nonimmigrant Visas: 
Country: 
United States
Comment: 

I would like to thank you all at the law offices, Mr. Khanna, Charu, Rena and all others involved who worked hard on my case. I was quiet nervous as my case was the first such complex cases being sent out (I was on OPT and H1 cap was reached), but I did not have an iota of doubt in the proficiency and efficiency of your office. I am glad I opted for the services of Law Offices of Rajiv Khanna.

Guestbook Entry for Amrita Sunkuru, United States

Name: 
Amrita Sunkuru
Immigration.com: 
Nonimmigrant Visas: 
State: 
TX
Country: 
United States
Comment: 

Recently worked with Pavithra Madhanakumar in Law Offices of Rajiv S. Khanna for my parents B1/B2 extension of stay. The entire process was seamless. Pavithra was very responsive to our queries and kept us informed of our next steps throughout the way. Very happy to have associated with this firm. Every member in the team seemed invested in our case and provided valuable guidance. Would love to associate again in the future.

Covid Coronavirus Converting to B-1 B-2 status

My employer has applied for my H1 B extinction and got an RFE ,based on RFE responded but I got denial USCIS site 03-20-2020. But my employer still did not received denial notice. How many days I can stay in the USA after denial. (my I-94 has expired Jan-25-2020)

 

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

Substantial transcription for video: 

Discussion Topics, Thursday,  January 23, 2020

FAQ:  Tourist/Visitors visa for people with special needs or challenges || Risk for green card process in joining a small company, unfamiliar with immigration || Impact of 214(b) denial || Requirements for obtaining green card under EB-1C, International Managers and Executives ||

OTHER:  NVC fees issues || USC relocating to India while green card petition for parents is pending || Is original I-140 approval required for priority date transfer? || Effect of subsequent H-1B, H-4 approval on current H-1B, H-4 case || Additional review of a pending I-140, delay || USCIS processing times estimate || 221(g) Administrative processing for H-1B visa ||  CSPA logistical problems || Carrying cash in and out of the USA || Incorrect DS-160 || List of cap exempt employers || Naturalization of children

Pages

Subscribe to B Visa