filing i-130 in the US

[CATSAT]

Hey guys,

Me and my family have a 5 year multiple tourist visitor visa. My brother in USA has become a U.S Citizen. Should he file petition of me and my parents while we are here in our home country or should we go to the US and file petition(I-130) together with I-485.

Some one told me that I-485 can only be filed for immediate relatives(parents in this case) and my I-485 will be denied??

Considering that and me and my parents go to the US and file the both forms, would we have to wait or can we come back to our country after filing the petition?
Also, after filing petiton does the tourist visa stands cancelled?

Any help would be highly appreciated.

 

[sarwarmd]

Hey guys,

Me and my family have a 5 year multiple tourist visitor visa. My brother in USA has become a U.S Citizen. Should he file petition of me and my parents while we are here in our home country or should we go to the US and file petition(I-130) together with I-485.

Some one told me that I-485 can only be filed for immediate relatives(parents in this case) and my I-485 will be denied??

Considering that and me and my parents go to the US and file the both forms, would we have to wait or can we come back to our country after filing the petition?
Also, after filing petiton does the tourist visa stands cancelled?

Any help would be highly appreciated.

Your brother can only file for you and your parents in 3 different applications of I-130. I guess let your brother file the petitions as soon as possible. Depending on your home country, your visa might take a long time.
I am not aware of tourist visa scenario. You may get some more responses on this.

 

[Jackolantern]

Some one told me that I-485 can only be filed for immediate relatives(parents in this case) and my I-485 will be denied??

That is correct. Parents of USC can file their I-485 together with the I-130, but siblings have to wait 11 years after the I-130 filing to become eligible to file the I-485 (and not allowed to stay in the US during the 11 year wait, unless with another status such as student or work visa).

But another problem is that they're technically not supposed to enter the US with a tourist visa while having the intention to stay and immigrate. If the immigration officer at the port of entry knows their plan, they will be refused entry. However if they get past the immigration counter without lying and are admitted to the US, USCIS will hold their nose and approve the green cards anyway (but the fact that they stayed to immigrate will be added to the statistics of their country, making it a bit more difficult for future tourist visa applicants from their country to get tourist visas).

Considering that and me and my parents go to the US and file the both forms, would we have to wait or can we come back to our country after filing the petition?

If they file the I-485 they can remain in the US until it is decided.

Also, after filing petiton does the tourist visa stands cancelled?

I-130 doesn't automatically cancel the tourist visa. However, an active I-130 increases the risk of refusal of entry with a tourist visa. And once the I-485 is filed, the tourist visa is definitely useless.