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.

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1 Lawyer Answer

Hector E. Quiroga

  • 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.

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