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Immi. Law Question: Default Can I apply for B2 while my i-360 application is pending?

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  • Immi. Law Question: Default Can I apply for B2 while my i-360 application is pending?

    Hi all,

    I have a pending i-360 application for change of status to a religious worker and am currently in status on an R1. Application was submitted about a month ago. My current status (R1) will expire in about six weeks and I cannot extend it (been on it for 5 years). I highly doubt I will get approved for the i-360 before six weeks is up.

    I would like to stay in the country and not have to leave. Also, I wouldn't mind doing some touring here.

    Can I apply for change of status to B2 so that I can stay in the US (hopefully for six months) as a tourist?

    I noticed that in the application there are questions such as "are you in the process of applying for permanent residence" or something similar. I don't believe the i-360 is for permanent residence but don't want to jeopardize anything.

    Thank you for your help.

  • #2
    Hi all,

    I have a pending i-360 application for change of status to a religious worker and am currently in status on an R1. Application was submitted about a month ago. My current status (R1) will expire in about six weeks and I cannot extend it (been on it for 5 years). I highly doubt I will get approved for the i-360 before six weeks is up.

    I would like to stay in the country and not have to leave. Also, I wouldn't mind doing some touring here.

    Can I apply for change of status to B2 so that I can stay in the US (hopefully for six months) as a tourist?

    I noticed that in the application there are questions such as "are you in the process of applying for permanent residence" or something similar. I don't believe the i-360 is for permanent residence but don't want to jeopardize anything.

    Thank you for your help.

    Comment


    • #3
      You can't apply for a B2 visa from within the US. You also need to show evidence that you would return to your home country, which clearly you wouldn't be able to do. The odds of approval would be slim.

      You need to talk to a reputable immigration attorney to find out your options. Your employer should have access to one.
      **************************************
      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

      Comment


      • #4
        You may apply to change status from R-1 to B-2, but if you have already submitted an adjustment of status to legal permanent residence, then you may not make any other applications for non-immigrant or immigrant benefits unless teh I-360 is withdrawn.

        Comment


        • #5
          how do i withdraw the i-360 application?

          Comment


          • #6
            Just send a letter to the address where you submitted your I-360.

            Comment


            • #7
              Please look into the ramifications of the advice given before making any decisions as that particular poster is notorious for giving deliberately bad information.

              Your best option at this point is to consult with a reputable immigration attorney.
              **************************************
              The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

              Comment

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