I 130 application for parents green card and their travel to the United States
I need to apply form I 130 for them as a first step and I've already filled out all the data and collected the relevant documents.
My questions is :-
1. If I apply I130 in February.....then is that going to be a problem for them when they visit in March..at the port of entry with the immigration officer. They will be coming for 3 months on tourist visa and then going back.
2. If (1) is potentially an issue, then can I apply I130 once they are here...or do I need to wait for them to go back in order to file the form I 130.
3 attorney answers
In theory, your parents could visit the U.S. on a tourist visa (B1/B2) or ESTA (visa waiver) while I-130s for them are pending, as long as they could successfully show that they will be leaving the U.S. after a short visit. But it is not exactly a great idea to do so (esp. under this political climate) as CBP officials at the airport/border may reject their entry for "immigrant intent," possibly with misrepresentation finding and/or removal order.
DISCLAIMER: The answer provided above is for informational purposes only, should not be relied upon as legal advice, and does not form an attorney-client relationship.
You should be careful timing requests for admission as a tourist after an immigrant visa petition has been filed. Consult with an attorney.
Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.
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Filing an I-130 can be the basis for visitor visa denial. Visitor visa admission with an I-130 pending or approved can be the basis of IV denial.
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