Can I petition a relative (I-130) when they still have an R1 religious visa?

Asked over 4 years ago - Windsor, CO

My Parents are planning to come to the US with a R1 visa. They don't know if they need to be here first and then get the visa changed (they have a tourist visa now).
Before they come I want to know if I can summit the I-130 form while they have the R-1 visa. Or will it affect my petition the fact that they have an R-1 visa?
I hope is not too confusing. Ask me if you have any questions.

Thanks for all the help.

Attorney answers (1)

  1. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    Answered . The issue is whether your parents intent to temporarily stay or plan to immigrate. If they plan to immigrant, then a form I-360 should be filed by the petitioning religious organization. If they have a child who is a U.S. Citizen in the U.S.,then the consular official reviewing the R-1 and R-2 visa petition may be a bit more strict.

    Since most attorneys don't claim to have extra sensory perception, we cannot determine what a consular official will be satisfied with as a matter of discretion. What we do encourage clients to do is not to lie.

    The above is general information, not legal advice, and does not create an attorney-client relationship.

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