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Traveling on a tourist visa during I-130 processing (indian parents)
I am naturalized citizen of the US and had a question regarding
applying for permanent residency for my parents who live in India. I live in the San Jose (California) area. I understand that I need to file the I-130 for each of my parents and then they need to file an I-485 when they are called for an interview in India. I also understand from various posts that the time between the two steps could take anywhere from 9-15 months. Therein lies my question. Both my parents, who are Indian citizens, have a 10-year multiple-entry visa to the US, and have been visiting me for a few weeks every year. They are also planning to arrive this January (2004). If I file an I-130 for me right now, will their ability to travel on a tourist visa be affected? Or they will simply have to wait for the I-485 and cannot travel to the USA until that happens? Thanks in advance for help. |
Re: Traveling on a tourist visa during I-130 processing (indian parents)
Gunjan Bhow wrote:
> > I understand that I need to file the I-130 for each of my parents and > then they need to file an I-485 when they are called for an interview > in India. No. You file I-130s, but only people present in the US can file I-485s. The I-485 is called "Adjustment of Status", and foreigners only have a status to adjust from while in the US by definition. People present abroad get an immigrant visa from the consulate after the interview. > me for a few weeks every year. They are also planning to arrive this > January (2004). If I file an I-130 for me right now, will their > ability to travel on a tourist visa be affected? Yes. The visitor visa does not allow immigration intent, and an I-130 indicates that the person has immigration intent. -Joe |
Re: Traveling on a tourist visa during I-130 processing (indian parents)
Originally posted by Gunjan Bhow I am naturalized citizen of the US and had a question regarding applying for permanent residency for my parents who live in India. I live in the San Jose (California) area. I understand that I need to file the I-130 for each of my parents and then they need to file an I-485 when they are called for an interview in India. I also understand from various posts that the time between the two steps could take anywhere from 9-15 months. Therein lies my question. Both my parents, who are Indian citizens, have a 10-year multiple-entry visa to the US, and have been visiting me for a few weeks every year. They are also planning to arrive this January (2004). If I file an I-130 for me right now, will their ability to travel on a tourist visa be affected? Or they will simply have to wait for the I-485 and cannot travel to the USA until that happens? Thanks in advance for help. |
Re: Traveling on a tourist visa during I-130 processing (indian parents)
> I can only tell you from personal experience that I have travelled in
> and out of the US without any problems on a tourist visa and also on > visa waiver whilst waiting for my priority date to become current on an > I-130. Maybe it's not an issue or maybe it is an issue and I was just > lucky. If I were you I'd take a look on www.immigration.gov > or even better - contact the consular offices and ask them. When you filled out the application for the tourist visa, what did you reply to the question 'Has an immigrant visa petition ever been filed on your behalf'? Also the I-94 application forms handed out on flights to the US have this question. How did you answer it? |
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