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Travel outside of the US while applying for I-130

Layton, UT |

my 80 years old father (who has health problems) accompanied by my brother who both are Japanese citizen and came to the US with VWP. And my dad had really hard time coming here can not fly anymore so he decided to stay with me here in the US (I am a US citizen). I filed I-130 for my father and thinking about file I-130 for my brother so he and I both can take care of my dad. However, my brother has a trading business in his country and need to go back and forth between the countries (Japan, China, the US). How will applying I-130 for him (F4-1 visa) affect his travel arrangement?

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Attorney answers 2


You should contact an immigration attorney. Your I-130 for your father may be denied because he overstayed VWP. As for your brother, an I-130 generally means that he has the intent to reside in the US. However, since it takes over a decade to process a sibling petition, you may be okay.

Alexus P. Sham-The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.



My father's VWP is not yet expired (but will be expired in about 70 days), so if I submit I-130 with I-485, my father will be able to stay? I just don't want him to travel any more seeing how long it took him (few weeks) just to recover from being sick caused by the long flight traveling here from Japan.


These questions are more complicated than a simple yes or no. All of the circumstances must be taken into account and you need to know all of the options before you proceed. You need to make a consultation with an attorney.

EXPERIENCED IMMIGRATION ATTORNEYS in UT email: and phone: (801) 746-8391. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. We also speak Spanish and French.

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