After filing I-140, can I re-enter after applying for a student visa?
After beginning the immigration process by filing I-140, various circumstances required me to return to Korea. I’ve heard that to re-enter, I need to obtain a visa that matches my actual purpose — is that right?
Also, if I receive an immigrant visa in Korea, what happens to my green card process once I enter the U.S.?
Filing I-140 demonstrates an intent to obtain a green card (immigrant status). The U.S. generally doesn’t want to issue a nonimmigrant visa to someone who has already shown this intent. A student visa is a nonimmigrant visa. So if you’ve already filed showing immigrant intent, and then apply for a student visa — which falls under the nonimmigrant category — this contradiction can serve as grounds for denial.
Even if various circumstances forced you to return to Korea after beginning the green card process, when re-entering, it’s best to prepare your entry consistent with your green card/immigrant-intent process. Among your options, obtaining your green card and entering with an immigrant visa is the most recommended approach.
Generally, once you receive your immigrant visa in Korea, you’ll be able to enter the U.S., and your green card card will be delivered to you after you arrive.