Can I travel with my non-immigrant visa after being issued an immigrant visa?

[Laika22 0]

I currently have a non-immigrant visa (B1-B2). I am intending to travel to
the United States in June 2020 with my B1-B2 visa.
But in the meantime, I might be getting an immigrant visa before June.
Will having an immigrant visa revoke my non-immigrant visa?
I am not traveling to the United States with an intention to immigrate in
June. Furthermore, in order to immigrate to the United States, I would have
to travel with my mother because she is the principal applicant to the
immigrant visa of which I am a derivative beneficiary. And my mother is not
travelling with me in June.

[designguy 1,179]

If you are issued an immigrant visa, any other visas you have will be cancelled without prejudice, which means you cant enter on them.

 

You can enter with or after the principal beneficiary, not before

[Laika22 0]

@designguy Thankyou for your answer. I asked the same question to US embassy. They replied

"We understand that you have a query regarding travel to U.S.
In response to your question, please be informed that if you have a valid visa, unmarked and undamaged you may travel. Please note that your purpose of travel should meet as per your visa class."

Now, I'm even confused.

[arken 4,197]

2 hours ago, Laika22 said:

@designguy Thankyou for your answer. I asked the same question to US embassy. They replied

"We understand that you have a query regarding travel to U.S.
In response to your question, please be informed that if you have a valid visa, unmarked and undamaged you may travel. Please note that your purpose of travel should meet as per your visa class."

Now, I'm even confused.

Their reply is generic not specific to your question, so don’t rely on that.

If you travel with visitor visa, what will happen at POE? Even if the B2 visa wasn’t cancelled automatically, the moment they see your immigrant visa, you will be sent back as you won’t be allowed on nonimmigrant visa with immigrant intent and you can’t enter US on immigrant visa before the primary beneficiary does. Depending on the category they use to send you back, you may face issues entering US later on even on immigrant visa.

 

I suggest not to travel that way.

[SusieQQQ 11,586]

5 hours ago, Laika22 said:

@designguy Thankyou for your answer. I asked the same question to US embassy. They replied

"We understand that you have a query regarding travel to U.S.
In response to your question, please be informed that if you have a valid visa, unmarked and undamaged you may travel. Please note that your purpose of travel should meet as per your visa class."

Now, I'm even confused.

If it’s unmarked.... once an immigrant visa is placed in the passport, there is usually a “canceled without prejudice” stamp placed over an existing visitor visa. That’s “marked” I guess. You can maybe ask the interviewing officer to leave your tourist visa intact for you to make a last trip before you migrate officially. Not sure if that will work, as per arken’s post above. Either postpone that trip, or try get your mom to travel with you if it’s critical.

Edited February 20, 2020 by SusieQQQ

[SalishSea 17,828]

16 hours ago, Laika22 said:

I might be getting an immigrant visa before June.

You don't even have the visa yet?  Difficult to plan, in that case.

[African Zealot 1,455]

On 2/20/2020 at 6:49 AM, arken said:

Their reply is generic not specific to your question, so don’t rely on that.

If you travel with visitor visa, what will happen at POE? Even if the B2 visa wasn’t cancelled automatically, the moment they see your immigrant visa, you will be sent back as you won’t be allowed on nonimmigrant visa with immigrant intent and you can’t enter US on immigrant visa before the primary beneficiary does. Depending on the category they use to send you back, you may face issues entering US later on even on immigrant visa.

 

I suggest not to travel that way.

 

That is not entirely correct. I am researching a case where a secondary beneficiary was erroneously allowed to enter before the primary. Unfortunately when he applied for citizenship years later, they attempted to revoke his residency because he wasn’t properly admitted although it wasn’t his fault.

 

 

[arken 4,197]

14 minutes ago, Ray.Bonaquist said:

 

That is not entirely correct. I am researching a case where a secondary beneficiary was erroneously allowed to enter before the primary. Unfortunately when he applied for citizenship years later, they attempted to revoke his residency because he wasn’t properly admitted although it wasn’t his fault.

 

 

So what’s your point/suggestion, the OP shall enter US before the primary beneficiary and risk not getting citizenship due to GC issued not properly even if he is admitted!! 
 

Of course USCIS or CBP make mistakes, that doesn’t mean you do what you are not supposed to do and risk your processing in the future.

Edited February 22, 2020 by arken

[African Zealot 1,455]

9 minutes ago, arken said:

So what’s your point/suggestion

My point simply was that it happens. The very reason why I bolded the specific pet of your posting, to show that was specifically what I was addressing.

[arken 4,197]

2 minutes ago, Ray.Bonaquist said:

My point simply was that it happens. The very reason why I bolded the specific pet of your posting, to show that was specifically what I was addressing.

In what way this is helping OP? Shouldn’t that be the whole point of this post? In fact if OP follows your suggestion, he will be throwing himself in so many uncertainties.

 

It’s like telling newbies drivers “I have seen people running the redlight or not stopping at a Stop sign, yeah you can do it as well”

[SusieQQQ 11,586]

14 minutes ago, arken said:

In what way this is helping OP? Shouldn’t that be the whole point of this post? In fact if OP follows your suggestion, he will be throwing himself in so many uncertainties.

 

It’s like telling newbies drivers “I have seen people running the redlight or not stopping at a Stop sign, yeah you can do it as well”

Exactly. All it does is confuse the issue. 

[Laika22 0]

Thank you all for your insights. Because of all your valued concerns and suggestions ... I’m thinking of postponing our visa interview until after my travel... so that i can travel with my B1B2 alone and come back and have immigrant visa interview.

[SusieQQQ 11,586]

39 minutes ago, Laika22 said:

Thank you all for your insights. Because of all your valued concerns and suggestions ... I’m thinking of postponing our visa interview until after my travel... so that i can travel with my B1B2 alone and come back and have immigrant visa interview.

Is it really that critical? fyi depending where you are interviewing - if you postpone the interview sometimes you will have to wait for months to get a new one. You don’t get to pick the date you want. 

[Laika22 0]

Yes. It’s a conference and I don’t want to miss it 😭 

i’m interviewing from Kathmandu, nepal.

We submitted the documents a week ago and taking references of other cases (spousal visa cases) from nepal i estimated the interview date to be before June. 

I don’t know if the spousal visa and sibling visa cases have same wait time for the interview.....

[SusieQQQ 11,586]

1 minute ago, Laika22 said:

Yes. It’s a conference and I don’t want to miss it 😭 

i’m interviewing from Kathmandu, nepal.

We submitted the documents a week ago and taking references of other cases (spousal visa cases) from nepal i estimated the interview date to be before June. 

I don’t know if the spousal visa and sibling visa cases have same wait time for the interview.....

I don’t know how responsive Nepal is but maybe if you contact them now and ask them to schedule the case for after your conference it will be the easiest way.