Legal Question in Immigration Law in New Jersey

Hello - please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

If your priority date is not current, and you can prove you have the intent to apply for your immigrant visa abroad, then you should be able to enter as a tourist. However, do not expect to be able to adjust status once you arrive.

There is no per se rule that you can't be admitted as a tourist after your I-130 is approved, but if you are an immediate relative (spouse, parent or child under 21 of US citizen), or if you're in a preference category and your priority date is current, the embassy that issues the tourist visa and the customs officers at the airport in the US will be incredibly suspicious of your intent in coming to the US, and you will likely have a difficult time obtaining a tourist visa and/or entering the US as a tourist. If you'd like to discuss it further, feel free to contact me at (973) 856-6240. I don't charge for consults.