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rich2183

Leaving the US before green card arrives

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My aunt is in the US awaiting her green card. The tourist visa she arrived with has not expired. Is she able to leave the US and come back using that visa? Even if she’s waiting for her immigrant visa?

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If she applied to adjust status and leave before getting advance parole or green card, her case will be denied. Her tourist visa should be void by now since she showed immigrant intent, it would also be fraudulent to come into the country with a tourist visa with intent to immigrate.


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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She can't just stay in the US all the way until her green card arrives. She NEEDS to leave. If her tourist visa is valid, then she's allowed to try and come back for visits. CBP will determine if they want to let her in and for how long.

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To be clear, she can't just hang out in the US until her priority date is current. She cannot adjust status as the sibling of a USC if she's overstayed.

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12 minutes ago, rich2183 said:

It’s not current. It’s been only 3 years since she applied. 

 

48 minutes ago, rich2183 said:

My aunt is in the US awaiting her green card. The tourist visa she arrived with has not expired. Is she able to leave the US and come back using that visa? Even if she’s waiting for her immigrant visa?

Hi,

 

Since it is a sibling visa it is going to take many years. She cannot remain in the US to wait for her priority date to come current. If she wants to keep visiting the US, she should leave before her I94 (her allotted time of stay given to her by the POE officer). But to answer your question, yes she can continue using her B2 visa to come back. But only if she is coming back to visit.

 

Also, be warned, if she keeps coming back to the US too often or stays too long in the US, she will be at risk of loosing the B2.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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How long has she been staying in the US? Did she overstay?

 

If she even stayed 1 day beyond her allowed time, her tourist visa automatically gets cancelled.

 

And dude... She can't stay in the US on tourist visa. Her chances of being allowed back are slim. If she overstays, her siblings petition will be cancelled also.

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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11 minutes ago, Roel said:

And dude... She can't stay in the US on tourist visa. Her chances of being allowed back are slim. If she overstays, her siblings petition will be cancelled also.

?!

Her petition won't be canceled for overstaying. I'm assuming she has an approved I-130 with a 2016 priority date, if she overstays she can still apply when that date becomes current.

Her B-2 will be super canceled, though.

Edited by Mollie09

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4 minutes ago, rich2183 said:

Yes. She applied before her stay expired and she has a 2016 priority date. 

Cool, but if she overstayed her tourist visa already then she cannot return to the US on that said tourist visa.

How long has she been staying in the US?


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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