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If i apply green card for my parents ,will they be able to come to us in meantime their green card gets approved,HAVE VISIT.VISA

Edison, NJ |

My parents have visitor visa i am applying green card for them , will they will be able to travel to u . s . in the meantime once their green card process starts ? i have U . S . citizenship

Attorney Answers 6

Posted

This is an delicate matter in that if you file for them, they can be denied entry on their visitor visa. However, if they enter on their visitor visa and then decide they want to remain in the U.S. and obtain their permanent resident status, they can do so. The latter is a bit riskier as there can be a pre-conceived intent issue but the processing time is much shorter. The former the processing time will be about 8-10 months and they'll likely be outside the U.S.

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Posted

Probably not. I would recommend you hire an immigration attorney to assure there are no delays in your filing.

Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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Posted

Once you start the green card process for your parents they will most likely not be allowed to visit until after they have been approved. Your parents could certainly travel here first, then you apply for them while they are already here even if they decide to then return to their own country after the visit is over and wait there for final approval of their green cards.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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Posted

Once you apply for them to immigrate they will not be allowed a tourist visa.

Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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Posted

By traveling to the U.S. on a visitor visa when a petition for alien relative is pending they would be taking a very real and serious risk of conflicting intent. Even if they are admitted, they could be charged with misrepresentation later that prevents permanent residence. You need to consult with an immigration lawyer to understand this before they make such a trip.

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Posted

I agree with my colleague Mr. Eichorn. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com

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