Can I file only I130 for my parents while they visit me on tourist visa but then once it is approved they will do consular processing? - Immigration Law Questions and Answers- LawQA.com

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Can I file only I130 for my parents while they visit me on tourist visa but then once it is approved they will do consular processing?

Definitely they will not overstay their I94 date. Will filing I130 while they are visiting be considered as preconceived intent?

Law Offices of Svetlana Boukhny
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Yes, that is perfectly acceptable.

Answer Applies to: California
Replied: 7/29/2013


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The I-130 Petition is based on your US citizenship, not on your parents' visitor status. So you can file your petition during their visit but, as you already know, they will have to return to their country of origin by the date indicated on their I-94 and go through consular processing at home as they cannot file I-485 applications while in the US on a tourist visa.

Answer Applies to: Maryland
Replied: 7/20/2013


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Filing and I-130 and applying for admission as B-2 tourists does not mix. Consult an attorney to discuss the specific facts of your situation.

Answer Applies to: New York
Replied: 7/19/2013

Answer By Reza Athari
Reza Athari & Associates, PLLC
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Yes, you may file the I-130 for your parents if they are in the U.S. as visitors. If they intend to go back to their home country, they will attend the interview there. But if they have no plans of going back and they have been in the U.S. more than 60 days, you may file both I-130 and application for adjustment of status together and they will not have to leave the U.S.

Answer Applies to: Nevada
Replied: 7/19/2013

Answer By Ben T. Liu
Ben T. Liu Law Office
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You can file the I-130 and ask for consulate processing.

Answer Applies to: Michigan
Replied: 7/19/2013

Answer By Alexander Segal
Law Offices of Grinberg and Segal
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You can file the I-130 while your parents are in the U.S. as long as they do not overstay their authorized stay and intend to seek consular processing.

Answer Applies to: New York
Replied: 7/19/2013

Answer By Pho Ethan Tran
Law Office of Pho Ethan Tran PLLC
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Yes. If you are a U.S. citizen and at least 21 years of age, you are permitted to file just the I-130 petitions for your parents while they are visiting the U.S. as tourists and they can immigrate to the U.S. at a later time through consular processing. However, please note that the filing of an I-130 petition may affect your parents ability to visit the U.S. in the future.

Answer Applies to: Texas
Replied: 7/19/2013

Immigration Law Offices, LLP
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Yes you can file an I130 with the request to obtain visa abroad.

Answer Applies to: California
Replied: 7/19/2013

Answer By Noel J. Saleh

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You can file both the I-130 & I-485 package while they are here. The Preconceived intent charge is not likely to be an issue; unless when filing for the B-2 visa they promised not to adjust.

Answer Applies to: Michigan
Replied: 7/19/2013

The Islas Muñoz Law Firm, PLLC
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If you file a form I-130 for your parents while they are here in the U.S. with a tourist visa, they have the requisite "lawful entry" to be able to adjust their status in the States through U.S. Citizenship and Immigration Services instead of having to consular process. And, if you are a U.S. citizen they are then the immediate relatives of a U.S. citizen which would mean that any unlawful presence they accumulate would be waived, but only if they remain in the U.S. until the adjustment process is completed. Being able to adjust status in the states rather than at the consulate is a big advantage.

Answer Applies to: Texas
Replied: 7/19/2013

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