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  • Adjustment of status / Cosular processing

    My question is:

    If a petition I-130 has been approved for a benificiary who is not in the US and waiting for consular processing, hapens to come to US (through previously issued multiple B1, B2 visa), can he get adjustment of status or he has to go back to his country for consular processing?

  • #2
    My question is:

    If a petition I-130 has been approved for a benificiary who is not in the US and waiting for consular processing, hapens to come to US (through previously issued multiple B1, B2 visa), can he get adjustment of status or he has to go back to his country for consular processing?

    Comment


    • #3
      Simply because your I-130 has been approved, doesn't mean that your priority date is current.

      Once their priority date is current, a person will be subject to either Consular processing or Adjustment of Status, depending on whether they are overseas or lawfully admitted to the United States.

      It is my opinion that you will have difficulty being lawfully admitted to the United States on a tourist visa, given that you have an approved I-130 (immigrant intent). Even if you are lawfully admitted, you would need to remain in legal status until your priority date becomes current.

      If you attempt to enter the United States as a tourist once your priority date is current, you will be denied entry, as you must, at that point, apply for Consular processing.

      Comment


      • #4
        uscis started approving only those I-130 Petitions which is over due and file by 1998 to April 2001.
        They want to clear the backlog which was created by uscis.
        In past the INS used to approved the I-130 within three to four months time. The applicant had to wait untill the visa number become current, applicants used to checks with the US Embassy/Consulate to find out the processing date's You know that it has been approved and now you have to wait untill your priority date become current.

        As suggested by SunDevilUSA, do not try to attempt to enter the US on a tourist visa.
        when beneficiery applyed for tourist visa, I am sure he had not disclosed about any relative who are in US. Other wise he would have not got this tourist visa. Try to apply for Consular processing.

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