I am a U.S. citizen, and I filed an I-130 for my mother. She would like to visit me on her B-2 visa for a few weeks. She has no desire to apply for adjustment of status, as she needs to go back to India to take care of some things before getting her green card. Is it ok for her to come on her B-2?
08 Apr 2021
Posted at 08:53h
in AOS/CP (Family), B-2, Family Based, FAQs, For Individuals, Resident, Travel, Visitor
Answer
Technically speaking, there is no rule that prohibits a foreign national with an approved immediate relative I-130 petition from requesting admission in B-2 status. However, CBP has the discretion to deny admission based on immigrant intent. And, unless the individual can provide a compelling reason for the travel and strong evidence of intent to leave the U.S. following the temporary stay, there is a significant risk that CBP will not admit the individual. (08.Apr.2021)
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