I-485 Adjustment

The process of seeking entry into the United States for a foreign national with an approved I-140 can be complex. Customs and Border Protection (CBP) has specific rules and requirements that must be followed. This post breaks down three key points to provide a basic understanding of what you need to know.

  1. Priority Date and TN Admission – CBP will not admit a foreign national as a TN if their priority date is current. Instead, the foreign national must enter on their immigrant visa if available.
  2. B-1 Visa Admission– If entering on a B-1, the foreign national may be admitted on a case-by-case basis. However, they must prove they will leave the U.S. to attend the immigrant visa (IV) interview.
  3. DS-160 Submissions and AVR – If a foreign national has submitted a DS-160, it is considered an attempt to apply for a visa, and they cannot use Automatic Visa Revalidation (AVR).

Conclusion

Navigating entry into the USA with an approved I-140 is a nuanced process that requires careful attention to detail and an understanding of CBP’s rules. From assessing priority dates to handling different visa types, these guidelines must be followed closely. Consultation with an experienced immigration attorney can provide invaluable assistance to ensure compliance and a successful entry.

Please note that this blog post should be viewed as general information, not legal advice. If you have specific questions or need legal assistance, please consult an immigration attorney.

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