Phenix City, AL asked in Immigration Law for Alabama

Q: An individual in the U.S. on a B visa is seeking adjustment to R. Can she leave for 2 weeks while the I-129 is pending?

A religious organization has asked her to stay for a year, and filed an I-129 petition for adjustment of status to R. She would like to go on a short mission trip for 2 weeks, and may be able to obtain more time on her I-94 on re-entry; but her I-129 has already been filed.

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1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: That’s risky. Customs officers will question your intent. You would be coming to the US on a tourist visa but the fact that an I-129 has been filed on your behalf suggests a different intent than tourism. You could, therefore, be denied entry.

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