Can my parents still visit me on a Valid tourist visa if I do CP?

[2aurcitizen]

Hello all.

Can my parents visit me still on their valid tourist visas if I sponsor them for CP?

Please let me know.

Thank you.

 

[baraider]

no. Once you file CP it shows your parents have immigration intent.
You can file CP once they return after the visit.

 

[AzBlk]

Yes they can but they might have issues at POE because tourist visa is non immigrant and they have showed immigrant intent by filing CP. But as long as they can convince io at POE that they are just here for a visit and are returning home to do thier CP then they should not have any problems.

 

[Jackolantern]

Filing the I-130 with the CP option is not a strong indicator of immigrant intent, and the fact that CP was chosen can be used to help convince the IO that they plan to leave the US for the consular interview instead of staying and attempting to immigrate.

If you haven't filed it yet, wait until after they arrive in the US and then file it, so they won't have to answer questions about it at the POE. With the CP option, there is no need to wait 90 days or until they have left the US; you can file the I-130 same day they arrive and it won't increase the chances of denial provided that they actually leave the US before their B2 stay expires.

 

[2aurcitizen]

Dear JackOlantern and other guys,

The scenario I am describing is :

Suppose in Summer of 2009 we apply but can they visit me on a tourist visa in Summer of 2010?
Because we plan to file in winter of 2009. They visit us every year on a tourist visas.

That is the main worry.

thanks!

 

[Jackolantern]

Suppose in Summer of 2009 we apply but can they visit me on a tourist visa in Summer of 2010?
Because we plan to file in winter of 2009. They visit us every year on a tourist visas.

Why wait until winter? If you apply in Summer 2009 they'll probably be approved for green cards by Summer 2010.

Still, there is no guarantee of approval by Summer 2010, and they may want to visit the US again before the GC approval. So I would suggest this: File the I-130 when they are still in the US this during this year's visit, with consular processing requested. Then they will leave the US at the end of their visit as planned. If they need to visit the US again before the GC is approved, they will have a very good defense if hassled about the I-130 ... they will be able to say that they were previously in the US when the I-130 was pending and they left the US before the I-94 expired and they plan to do the same thing again.

 

[Triple Citizen]

That is a slightly misleading comment. You are correct that the OP's parents will demonstrate immigration intent if they are in the process of obtaining green cards via CP routes. However that does not mean they cannot visit the US. They can always attempt to visit. Whether they are granted entry or not is a different story.

no. Once you file CP it shows your parents have immigration intent.

 

[TheRealCanadian]

You are correct that the OP's parents will demonstrate immigration intent if they are in the process of obtaining green cards via CP routes. However that does not mean they cannot visit the US. They can always attempt to visit. Whether they are granted entry or not is a different story.

Correct. And it's important to note that everyone at a POE, by statute, demonstrates immigrant intent merely by showing up, and needs to counter this presumption.

CP is a good counter to the presumption of immigrant intent, since the intent to immigrate at a later date has been held to not be intent to immigrate on the current visit, but as you say it all depends on the inspector at the POE.