Asked in Immigration Law for District of Columbia

Q: B1/B2 travel with approved I-140, how to convince CBP of non-immigrant intent?

I have an approved I-140 petition and a valid tourist visa. How can I travel to the US temporarily to take CPA exams, and take care of my affairs while I'm there. I intend to return but I also understand that a CBP officer can and will question my intent so how do I convince the officer that I will return to my home country?

I don't know if this helps but back in October while my I-140 paperwork was going on I traveled to the US for 3 weeks for personal reasons. It was filed and approved while I was there but I returned like I had intended. Maybe it will show good faith? When I got my visa in September I had detailed on my application and let the consulate officer know that I am still employed by my previous US employer (I was back in home country in January after 6 years on h1b) so I'm not sure if the CBP officer sees any portion of that information (he asked what I did for work but not about my employer) but I was granted entry.

Related Topics:
1 Lawyer Answer

Hector E. Quiroga

PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: As with any nonimmigrant visa, the requirement is that you show intent to leave at the end of your authorized stay. Certainly the fact that you entered and left according to the terms of your visa will help, but you have to show other connections—work, school, family, assets/property, etc. Take evidence with you when you when you show up at the Port of Entry.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.