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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?

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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

Travel to USA with pending i-130

  • Understood. Thank you so much. – Alp Naslan May 31 at 13:07

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