I applied for I-130 for my parents few weeks ago and still pending. My parents live overseas. They have a valid visitor visas that they used 2 years ago. They intend to visit me within a month or so. Is there anything I can do for them in order to expedite the process while being in the US?
If they file for adjustment of status, under the facts you give, they will face a preconceived intent issue.
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Your parents have an important obligation to be truthful in answering whatever questions that US immigration officials have for them at the port of entry. If they are entering the USA on their visitor visas, and if US immigration officials ask them about the I-130 petitions that you have filed, etc., your parents need to be truthful. Immigration officials might ask your parents if they intend to remain in the USA and apply for permanent residence while they are in the USA. That would be an IMPERMISSIBLE use of the visitor visa.
US immigration officials would likely prefer that your parents go through the immigrant visa process whereby they apply for permanent residence through the National Visa Center (NVC) and attend interviews at the US Consulate in their country.
If your parents are permitted to enter the USA on their visitor visas at this time, then if your I-130 petitions are approved, your parents could apply to obtain permanent residence while in the USA. But, as mentioned above, the risk is that US immigration officials might conclude that your parents were using their visitor visas to avoid the process of attending their visa interviews in their home country. That is a conclusion that your parents should avoid.
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I agree your parents face an issue of immigrant intent. They should be truthful in all applications and interviews before DHS and DOS officials.
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
Personal Injury Lawyer
Congratulations on the opportunity to petition for your parents. My colleagues have provided excellent answers and I agree with them.
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.