GC for Parents - Adjustment of Status

[purvesh]

My parents are back home in India. They do have 10 years visitor visa. They have been in US for few times already.

Question:

Can they travel to US once I file I-130 and can I change the application for "Adjustment of Status" after getting I-130 approved?

Thank you for your help.

[TheRealCanadian]

Originally Posted by purvesh

Can they travel to US once I file I-130 and can I change the application for "Adjustment of Status" after getting I-130 approved?

They're unlikely to be admitted, and even if they are having them come solely to file an I-485 would be considered fraud. Use Consular Processing; that's what it's there for.

[boatbod]

Originally Posted by purvesh

My parents are back home in India. They do have 10 years visitor visa. They have been in US for few times already.

Question:

Can they travel to US once I file I-130 and can I change the application for "Adjustment of Status" after getting I-130 approved?

Thank you for your help.

A person is not allowed to enter the US on a visitor visa with immigrant intent. Many do, and successfully get away with it, but there are risks involved. The legal route is to wait for I-130 approval, and then follow through with consular processing (CP).

Presumably you are already a USC, since LPRs are not eligible to sponsor a parent? If so, it might have been better to file I-130/I-485 jointly when they were already in the country. The way it is now, their intentions are already made known to USCIS.

[Triple Citizen]

If you parents are truly serious about living in the US, then go the CP route. This will given them a year to wind up things in India and also allow them to take the safest (and preferred) route to obtaining LPR status in the US.

Originally Posted by purvesh

My parents are back home in India. They do have 10 years visitor visa. They have been in US for few times already.