I130 approval for parents having a visit visa

S

sdrazi

New Member
Hi

My parents are in India currently and their I130 application got approved. They have a valid visit visa for the US as well. For some family reasons they are eager to visit US while the paperwork for their immigration (like appearance in Chennai for interview etc) is still pending.
Will there be any issues if they come to the US and have the green card processing continued in the US?
What would be processing if in US?
Does US law bar them from entering the US on a non-immigrant visa when their I130 has been approved?

Appreciate your help.
 
Using a visit visa to enter US with the intent to adjust status in the US is not legal.

They have to allow few months of stay in US if allowed to enter to make grounds for change of intent.

Processing in US will cost more about $600 each person.

The law does not bar a person from entering US on a visitors visa with a approved I-130 if the intent is just to visit but obviously this is not a case here. They might however do intense questioning at POE to make sure they intent to visit and not coming here to adjust status.
 
Last edited by a moderator:
They probably will be sent back, unless they can convince the POE officer that they will return to India to complete the consular formalities.
 
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