Valid B1/B2 visa owner wins the DV lottery, needs to go US before the interview. Can he?
Recently my wife has been selected for the DV lottery 2020. For this reason, I am listed on her Diversity Visa online entry. I hold B1/B2 visa, valid until 2029. It seems like the process for the interview may take sometime. However, I need to attend to a conference in US next week. I wrote to consulate and they said that, "If she has not had the interview, your B1/B2 visa is still valid. However, you will need to convince the officer at the port of entry that you are not an intending immigrant." Should I give a try to enter US with my valid B1/B2 visa before this Green card process is concluded? If they deny my entry would it hurt my status for the future?
Best Answer
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
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Can I apply for DV Lottery after winning?
Most lottery winners process their green card applications through the U.S. consulate or embassy in their home country. If you are already in the U.S. when you win, however, you may be able to remain here and \u201cadjust status\u201d through U.S. Citizenship and Immigration Services (USCIS).Does DV Lottery affect visa?
Q: If I enter into the green card lottery, will it effect my eligibility to receive a nonimmigrant visa? A: Technically, entering into the green card lottery is equivalent to filing an immigrant petition.What happens after winning US visa lottery?
The winners of the green card lottery are generally notified 7 months after applying. It can take up to 14 months to for the government to schedule your interview and issue your visa, depending on how soon you apply for your visa.Do DV Lottery winners need a sponsor?
Do I Need a Sponsor? Diversity Visa (\u201cDV\u201d) applicants do not need a sponsor, such as an employer or immediate family member in the United States, nor are they required to provide an Affidavit of Support.Visa Interview Mistakes to Avoid - Mock B1/B2 Tourist Visa Interview at US Consulate - GrayLaw TV
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