M A
Sep 21, 2022
I-130 form
Hi!
asking for a friend who is an American citizen and want to file form l-130 to her parents who are here in the US right now on a tourist visa. They came here a month ago, but I want to know if they have to stay in the states for the whole application processing time? or do they have the chance to go back to their country?
Thank you so much
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reazul haqueSep 21, 2022
in that case best is discuss with immigration lawyer.
Ruth BeySep 21, 2022
They visited with a tourist visa, he can go ahead and file for them. But When their time is due let them go back. They have chances to revisit again and again for their good immigration tecords till they approve their application. Atleast he will be able to see them from time to time till they finally come once and for all.
Jenn PSep 21, 2022
yes you can file for adjustment of status but they can’t leave the country until they receive the travel document. they won’t be able to use the visa anymore because once they apply for green card they already show immigrants intent once they leave their application will be consider abandoned. visitors visa is for visitors not for people who have a green card in file
G BSep 21, 2022
So they can file I-130 via consular processing, which means their parents can go back to their own country but still visit the US on tourist visa while the case is processing.
They would only have to stay in the US for the whole processing time if your friend also submitted I-485 (adjustment of status) for them at the same time. If they did this, they would also have to prove at interview that they did not have immigrant intent when they entered the US on the tourist visa, and that circumstances changed after their arrival in the US.
M ASep 21, 2022
amazing! thank you guys you’re the best!!!
Jagan ReddyOct 18, 2022
