Would the history of green card application hurt the chance of getting a tourist visa

[jshading]

I’m a Chinese citizen working in the U.S. on H-1B. My company can apply green card for me anytime, but I have a concern – I have always been itching to travel the world. So if I do travel, I will leave the U.S. for 1-2 years and then try to come back on a 10-year tourist visa to visit my boyfriend and interview for new jobs (I know technically one is not supposed to look for jobs while on a tourist visa, but I heard that as long as job hunting is not the “primary reason” of the trip it’s fine).

So my question is, if there is record (PERM or I-140 application) at USCIS that I have applied for green card, would that hurt my chance of getting a tourist visa in the near future? I’m worried that the USCIS would interpret the history of having applied for a green card as immigration intent and therefore refuse all my future tourist visa applications.

Despite my concerns, I’m still seriously considering applying for a green card, because I still don’t know how soon I will be able to travel (it depends on a lot of things, including boyfriend’s plans). Thank you very much for helping me thinking through this!

[inadmissible]

U.S. Department of State Foreign Affairs Manual Volume 9, section 41.31 states in Note 17:

"You may properly issue B-1/B-2 visitor visas to aliens with immigrant visa (IV) applications pending with the United States Citizenship and Immigration Services (USCIS). You must be satisfied that the alien’s intent in seeking entry into the United States is to engage in activities consistent with B-1/B-2 classification for a temporary period and that the alien has a residence abroad which he or she does not intend to abandon. While immigrant visa registration is reflective of an intent to immigrate, it may not be proper for you to refuse issuance of a visa under INA 214(b) solely on the basis of such registration, unless you have reason to believe the applicant’s true intent is to remain in the United States until such a time as an immigrant visa (IV) becomes available."

That said, I think you are very poor candidate for a tourist visa. You have been living in the United States for some time, and intend to depart to travel for the next year or two. You would have a very difficult time showing strong ties to a residence abroad.

[jshading]

Thank you so much for your reply, inadmissible! This is very helpful.

Your reply got me thinking that, probably it's gonna be very difficult for me to get a tourist visa anyways, regardless of whether I've applied for green card or not. I was also considering traveling for a couple years first, and then try to come back, get a job, and apply for green card. But sounds like because I've studied and worked in the US for 7+ years now, it's gonna be hard for me to get a tourist visa even if I haven't applied for a green card. What do you think?

Thanks a lot!

[jshading]

Oh just to be clear, in the original scenario where I start the green card process and then go travel, I assume that my employer would abort the green card process as soon as I start to travel (so when I try to come back, there will be no valid I-140 valid and green card awaiting my return). All USCIS can see is that I've attempted to apply for green card before.

[inadmissible]

I really don't think it matters whether you have a pending immigrant petition, or one was attempted on your behalf but aborted, or if you never had a immigrant petition filed for you at all. Under each of those circumstances, the chances of you receiving a tourist visa after your global excursion is very, very low.

If you have a chance to get a green card, I say take it. You can quit your job after 6 months and then travel for six months, then return for six months, then rinse and repeat.

You sound like an intelligent, educated woman who would thrive in the United States. Nobody wants to be like these poor guys

There is a very real chance of being locked out of the US job market, and a green card would be your ticket in.

[jshading]

Thank you so much for your thorough answers, inadmissible! You made everything super clear to me, and that's very much appreciated! I'll go ahead and apply the green card =)