Carrollton, TX asked in Immigration Law for Texas

Q: Subject: 1. Can I apply for AOS while in USA on valid B1 visa with a pending I130


1. Can I apply for AOS while in USA on valid B1 visa with a pending I130 (that was submitted when i was outside usa)

2. Complete attorney fee to process my case.

*Current visa status: B1 valid ( no over stay)

*No criminal background

*Already applied i130 while i was outside usa.

Hi there! My wife is an LPR in Carrollton, Tx. She applied for I 130. I am a doctor, I have managed to get a B1 visa with pending I130. Now I am in the USA with B1 visa. Since I am a doctor, I will be applying for residency training in the USA, I have already passed the necessary exams for that. This is my reason to stay in the USA.

Thank you .

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2 Lawyer Answers
Alexander Ivakhnenko
Alexander Ivakhnenko
  • Immigration Law Lawyer
  • Wheeling, IL

A: Your US permanent residency spouse will not be able to adjust your status even with an approved I -130 form, therefore, you would need to travel abroad for consular processing to complete that lawful permanent residency case. Also, you were lucky to receive a visitor’s visa with the pending a 130 because it creates a dual immigrant intent, technically, any border patrol agent could have denied your admission based on the pending I-130. You need to consult with a licensed Immigration Attorney directly without any delay.

Kyndra L Mulder
Kyndra L Mulder
  • Immigration Law Lawyer
  • Jacksonville, FL

A: You may adjust status through your LPR wife ONLY if you maintain a lawful status while you are in the USA. However, if your wife becomes a USC you may adjust through her in the USA even if you overstay.

Be vary careful to comply with the terms of your visitor visa. You can not do a residency on a visitor visa. You may want to consider changing your non immigrant status to a status.

I suggest you consult with and experienced immigration attorney.

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