USCIS has issued a new memo, PM-602-0199, affecting EB-1A petitioners currently outside the United States. This memo clarifies that entering the U.S. on a B-1/B-2 visa while an immigrant petition is pending could lead to discretionary denials of the I-485 application, regardless of the applicant’s credentials or record.
Key Details:
- The memo emphasizes that entering on a single-intent visa while an immigrant petition is in motion is now viewed negatively.
- Applicants are advised to consider consular processing for immigrant visas, which eliminates the discretionary I-485 question.
- Alternatively, those not yet in the U.S. may pursue an O-1 visa, which allows for dual intent and strengthens their EB-1A petition.
- The memo does not include a grandfathering provision for cases where B-2 entry was already initiated before May 21, 2023.
This update significantly impacts EB-1A applicants, urging them to reassess their entry strategies to avoid complications with their immigration status. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.