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I am have a DV immigrant visa pending for the USA. Still…

Hello, I am have a DV...
Hello,
I am have a DV immigrant visa pending for the USA. Still aiting for my interview in my country. Can I go to America for a month to do things like, to pass GMAT test, get eyelaser surgery, etc?
I already have B1-B2 visa and I visited ceveral times US as a tourist before I've learned that I won DV lottery.Thanks, A.
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Answered in 1 minute by:
10/7/2017
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,884
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Customer reply replied 9 months ago
Ok, Thanks.

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

Have you begun consular processing by filing the DS-260?

Or have you just received your selection letter?

Judith

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Customer reply replied 9 months ago
I filled DS-260 in May as I've learned the news.

You have actually declared your immigrant intent by filing the DS-260 you can over come the presumption you would be immigrating on your trip to take the GMAT and have eye surgery by taking with you your appointment letters for the test and the eye surgery.

The burden is on you to convince the Custom's officer at the port of entry that you do not intend to stay so you must have compelling evidence of your ties, such as a lease or ownership of your residence, your employment in your country and other ties (evidence of enrollment in school if you are a student).

So the bot***** *****ne is that the law does not prohibit you from entry for these temporary purposed but the heavy burden is on you to prove you will leave after you take care of business and there is no intent to remain to adjust status in the US.

Depending on how reasonable the officer is and your amount of evidence the risk is greater or lesser.

You need to arrive in the US prepared to defend your temporary intent.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,884
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
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Judith Ludwic, Immigration Lawyer
Category: Immigration Law
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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