Asked in Immigration Law

Q: I previously had i140 approved but I do not live in US. How can I visit US temporarily for tourism/temporary business?

I am an Indian citizen currently residing in Vancouver, BC on a work visa. I am trying to apply for a b1/b2 visa to US and need help with a question as noted below:

1) I relocated to the US is 2016 on L2 visa with my husband who came to the US on L1 visa. I then switched to H1-B in 2021 and also got my I140 approved which shows my intent to

Immigrate to the US. Can I apply for B visa now? Will I be allowed to temporarily enter the US?

If I cannot using above option, will it be possible to travel to US after I get Canada PR?

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1 Lawyer Answer
Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: That visitor's visa issue will be discretionary as you will be required to show a temporary nature of your B-2 visit to the U.S. Consular Section by the preponderancy of the evidence since the U.S. officials are aware of your immigrant intent within the U.S. Government database. Thus, could go either way.

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