I am a naturalised US citizen and will be applying for my parents green card. We want to apply through consular processing....instead of AOS. My parents typically visit me every year for 3 months on their tourist visa from March to May.
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.
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.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create 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.
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.
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