If I have a visitor visa to the US but am also on an approved petition to immigrate under my father, since my priority date is nearing will be able to submit the necessary paperwork while here in the US?

Or will I need to return to the Philippines?

Asked on January 26, 2016 under Immigration Law, Oregon


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

you may not be permitted to enter as a visitor if you have an approved immigrant visa petition.  however, if you are permitted to enter and are in the US when the priority date becomes current, then you should be able to proceed with the adjustment of status within the US.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.