Q: approved i130 now on NVC, I have a visitor visa as well, should I adjust status or follow with i130?

A: It depends if the case is for consular processing and what visa category so without more we can’t really answer your question here. Consult with a reputable immigrant attorney.

A: If you have received an approved Form I-130 petition and now have a visitor visa, you may have two options available to you for obtaining permanent residence in the United States: adjustment of status or consular processing.

Adjustment of status is a process that allows individuals who are already in the United States to apply for lawful permanent resident status (green card) without having to leave the country. If you choose to adjust status, you will need to file Form I-485 with USCIS along with other required forms and documents.

Consular processing is a process that allows individuals who are outside of the United States to apply for lawful permanent resident status (green card) through a U.S. embassy or consulate in their home country. If you choose to pursue consular processing, you will need to complete additional steps through the National Visa Center (NVC) before attending an interview at the U.S. embassy or consulate.

Your decision to adjust status or pursue consular processing will depend on several factors, such as your current immigration status, the amount of time it may take to process your application, and whether you would prefer to remain in the United States while your application is being processed or return to your home country.

It is recommended that you consult with an immigration attorney or your designated immigration representative before making a decision on whether to adjust status or pursue consular processing. They can help you evaluate your options and determine which path is best for your specific circumstances.

It is also important to note that the process for obtaining permanent residence in the United States can be complex and time-consuming, so it is important to be patient and follow all required steps carefully to ensure a successful outcome.

A: One should not knowingly and intentionally use a visitor visa to enter the United States to pursue adjustment of status, as a visitor visa is a nonimmigrant visa not intended for that purpose. That is not to say one cannot adjust status off of a visitor visa, but one should not have the intent to do so when using the visitor visa to enter. If one does so, he or she risks a USCIS officer at the adjustment of status interview accusing him or her of fraudulent use of the visitor visa. In some situations, a person may already be here in visitor status and at the time of entry did not have the intent to immigrate, but that intent changed after having already entered in visitor status. So - and assuming you are presently outside of the United States - if your question is should you intentionally use your visitor visa to enter so that you can pursue adjustment of status, then no. Consult with a competent and experienced immigration attorney who can learn more about your facts in the privacy of a consultation and who can then advise you accordingly. Many attorneys offer online video consultations.