Immigration For Parents

[Nuzhat]

Hi Everyone,

I would appreciate if anyone could answer this question. I'm a US citizen and want to apply for my parents' immigration, if I do so, would they be able to visit USA on their visitor's visa while the application is in process. Please let me know if anybody is having the same situation.

Thanks.

[SWaiting]

If 485 is applied then they cant come on Visistors visa. However if they are already in US on visiters visa and the intent was clear and then you can apply 485 along with I-130 at that time.

goodluck

check this site for further details on the intent issue.
http:\\k1.exit.com

[Nuzhat]

Thanks for you response! What if their visitor's visa was applied and approved (for 5 years) about a year ago in Jan 2003 and I apply for their immigration in February 2004 because at the time they applied for the visa, they did not have the intent of immigration.
Can't they come here for a month or two on their Visitor's visa in May 2004.

[SWaiting]

Nuzhat,
you have to understand if you apply for 485 while they are out of US. then at the time of their visit , at the port of entry the officer will ask them and deny the entry due to dual intent.. So if they have the Visistors visa from 5 yrs back, its great. Invite them to US. Once they are in US, apply for the GC. However in that case they will be required to remain here for Fingerprinting and interview etc. They can get an Adbvance PArole and go back to their country and come back for the interview when required..

goodluck

[Nuzhat]

Thankyou SWaiting, I really appreciate your help.