I-130 and adjustment of status

[bilal]

Here is the situation:
A friend of mine and his wife in Pakistan have a US B1/B2 visa that is valid for the next four years. They have visited the USA multiple times in the past five years. They have two sons in the USA who are now US citizens. Their older son filed an I-130 petition for them in March 2024, opting for consular processing.
Their younger son’s family is expecting their first baby in September, and my friend and his wife are planning to visit them in September to help.

Questions:

1. Can they enter the USA without any issues while their I-130 application is in process?
2. If yes, can they apply for a change of status (I-485) even though the I-130 was filed with consular processing?
3. If yes, can they apply as soon as they are in the US, or do they have to wait for a certain period?

 

[Sm1smom]

1. Probably. CBP will make the determination at the POE.
2 & 3. No. Entering the US with a NIV while having a preconceived intent of filing for AOS is considered a fraudulent attempt at obtaining an immigration benefit.