I-130/CP while in US?

ARK1214

New Member
Hello,

I'm naturalized and plan to apply LPR for my parents. I originally intend to file I-130/I-485, but my parent's I-94 has "No EOS/COS/AOS". They entered US with B2 visitor's visa and is in legal status.

So, now the only option is to do consular processing. My question is: Can they stay in US under the B2 visa while I file I-130/CP and return to home country at a later date (prior to the expiration date listed on I-94) for interview?

I know under certain circumstance, you abandon your visa/I-485 when you file for AOS or leave the country. Does anyone know if filing of I-130 does the same thing? What about filing of DS-230?

Thanks in advance.
Cheers!
 
Top