Leaving the US before green card arrives

[rich2183 0]

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?

[p-ana 933]

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.

[Mollie09 1,543]

How is she getting a green card? Who applied for her?

[rich2183 0]

Through her sister whom is a US citizen. 

[Mollie09 1,543]

Just now, rich2183 said:

Through her sister whom is a US citizen. 

Is her priority date current? When did her sister apply?

[rich2183 0]

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

[Mollie09 1,543]

1 minute ago, rich2183 said:

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

So she needs to leave the US before her I-94 (not visa) expires.

She can try to continue visiting with her B-2, but it will be up to CBP to admit her every time she applies at the border.

[mushroomspore 3,043]

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.

[Mollie09 1,543]

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.

[Unlockable 7,306]

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.

[Roel 7,191]

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 February 17, 2019 by Roel

[Mollie09 1,543]

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 February 17, 2019 by Mollie09

[rich2183 0]

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

[Roel 7,191]

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?

[SusieQQQ 11,584]

1 hour ago, rich2183 said:

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

Well, she can’t possibly “wait” in the US on her tourist visa for that, it will be over a decade before she’s current.