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Can the post decision activities of I-130 petition be completed while in USA on visitor visa.
Anonymous2 views4 answers
My daughter got approval for her I-130 petition one and half month back when she was in India. Since her reception function was scheduled in USA last month and the time left to fulfill post decision activities was not enough. So she applied for a visitor visa which was granted and thankfully she was able to attend the function. Now she is in USA. The question is can she fulfill post decision activities of I-130 while remaining in USA or she will have to return to India to complete them or there is another way, she also got approval in I-129F petition which was filed immediately after I-130.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Daughter can apply for adjustment of status in the US without needing all the complicated (and time consuming) processes awaiting her at the US consulate abroad. Have her schedule a consultation with an experienced immigration lawyer, to avoid making any costly mistakes which could get her deported.
The question is whether she had any intention of staying in the United States when she came on the tourist visa. Or whether USCIS might think she did, and she can't satisfy them otherwise. If there is any doubt, she can solve the problem by leaving - then she really was a tourist. If she is still here she should go talk with a professional - lay it all out and see what comes. Any suggestion of misrepresentation or fraud in the entry with the tourist visa could wreck everything for the family. Tread carefully.
