I am a US Citizen and planning to apply for my Parents GC (I-130) asap, which will take around 10-12 months to complete.
While their I-130 is in process they are planning to visit me in Summer-2015 on their Valid 10 years visitor visa (visited once on that visa back in 2011). Both of them are Retired State Government Employees;
1. Will there be an issue for them at the POE while entering the US, due to their I-130 being in process?
2. Are there any helpful documents they can bring to show at POE to prove their intent of visitors and guarantee of return within the allowed time?
I really appreciate your time and advice.
1. There could be a problem .. why not wait until after their visit?
2. Unfortunately, the best documents (employment verification) don't exist any more. Property ownership 'may' help.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
In order to be granted entry to the United States as a visitor on a B-1/B-2, your parents will need to demonstrate non-immigrant intent. Since they are in the process of applying for their green cards, they have immigrant intent and might not be allowed to enter the United States. I would advise consulting with an immigration attorney before your parents plan to visit the United States.
They may be questioned about their intent to return to their home country, so any documents that document their ties to their home country are helpful (property, lease, family ties, etc).
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