Valid B1/B2 visa owner wins the DV lottery, needs to go US before the interview. Can he?
- By
- Aparna Patel
- |
- 2 Aug, 2023
- |
Should I give a try to enter US with my valid B1/B2 visa before this
Green card process is concluded?
Yes you can, however the decision is yours to make. There are currently many people who have pending immigrant petitions who still travel to the USA on other nonimmigrant visas while their petitions are pending.
A disqualifier for being issued a nonimmigrant visa (or entering the USA on a nonimmigrant visa) is having immigrant intent at the time of application or entry.
There are many people who have intentions of immigrating to the USA at some point in the future however if during this particular visit you show you don’t have an intention to stay permanently in the USA at this time, you will/should not be denied entry
If they deny my entry would it hurt my status for the future?
If you’re denied entry because of immigrant intent, it can affect subsequent nonimmigrant visa applications. If you’re simply made to withdraw your application for entry, it doesn’t come with a ban and wouldn’t affect your DV Lottery status.
If you’re removed from the USA via expedited removal, it typically comes with a five year ban and would this affect your DV lottery and you would need to file a waiver of inadmissibility.
Summary
In summary, you can travel on your visa and be truthful when questioned and you should be fine. If however you’re wary about doing anything at all which could negatively impact your DV lottery, you can choose not to visit the USA until that process is concluded.
References
Credit:stackoverflow.com‘
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