Consular Processing vs Filing when visiting US for Parents GC

[kaz1]

Gurus,

My parents had just renewed their 10yr visitor visa last Dec for another 10yrs. we would like to apply for their GC this year and are considering the following alternatives. Would appreciate guidance from your experiences

1. We were initially considering them to come here in May and applying for their GC while they stay in the US. My mom is not keeping good health and is currently undergoing treatment. We are now considering applying for I-130 right away and then pursue 485 through consular processing in India. This is because we are afraid if any medical situation comes up while they are visiting us, the travel insurance will not be able to adequately cover the medical expenses in the interim period while they wait for their GC to be processed.

do you see any risks with this approach of pursuing 485 via consular processing? Are there any disadvantages of consular processing? I know it is a bit longer than doing it all in one shot while they are in the US.

2. Second fear is that, can GC be denied for any reason? My parents are concerned that they will lose their 10yr visa if anything goes wrong and hence are hesitant to pursue consular processing.

3. Can parents travel to the US after 130 approval while they wait for 485 processing? Or do they have to essentially get everything approved and now only enter the US with a GC?

appreciate any insights

Kaz

 

[Jackolantern]

I-485 is only for adjusting status within the US. For consular processing they would file DS-230, not I-485.

Since they obtained the visa recently and already have the intention to immigrate, they should pursue consular processing as they're not supposed to obtain or use a tourist visa with the intent to directly stay and immigrate after entering with the visa.

Do you expect your mother or father to work when they enter the US, in a job that offers health insurance? Her health issue may make it impossible or incredibly expensive for her to get insurance on her own in the US. If she can't get employment-based health insurance, and it's not feasible to send her back to the home country for treatment again, it might not be a good idea to have her immigrate.

The I-130 may prevent them from using their visas unless it is withdrawn before they attempt to travel.