Parents I 485 & Visitors Visa - PLLL Help

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czydesi

New Member
I am a US citizen, I filed for my parents’ green card with filing for I-130 first. When applications were sent, my parents were in the US on visitor’s visa. They have multiple entry 10 years visa.

Parents left for India as 6 months of their visit got over & I -130 did not get approved.

I received I-130 approval 5 mths after they went back to India, the approval states that it is based on the fact that my parents are still here. (In section 22 I mentioned they would the process fm San Francisco since they are in India can they do consular processing ?

My questions:



1. How long an I-130 approval is valid for?

2. Since my parents have multiple entry visitor visa, can they come back to USA and is it ok to file for their I-485 once they are here?

3. Can they do consular process from India though in form I had mentioned they are in US

3. Since the process has started they can not re-enter USA till they get their green card, through consular process, is this a true statement?

PL Let me know, your experience in similar situations & immigration knowledge will be great Help - Thank you in advance for helping me out
 
Think you need to speak to attorney

If they enter on B visa (visitors visa) this is a non immigrant visa. I do not think this is possible (to change from non immigrant to immigrant visa) so they may need to go through couslate processing
 
czydesi, I'm not sure why your parents ever left. If you intended for them to go through AOS, you could have concurrently filed I-130 and I-485 for them and their legal stay would have been extended by the duration that the I-485 is pending. But, I commend you for not filing AOS for them if they arrived on a visitor visa, since I read this way too often here to think it's coincidence that visitors suddenly make up their mind to want to become permanent residents.

1. I don't know, I thought it was forever? (As long as the person qualifies?)
2. No, if they come here to file I-485 they have immigrant intent and can no longer enter using a nonimmigrant visa.
3. I believe so. I'm sure there's a way to notify USCIS or the consulate somehow that your parents are no longer in the US but don't know the details.
3. They may be able to enter for a temporary visit, but even this will be very difficult. They would need strong proof of their closer ties to a foreign country that would be cause for them to return after their temporary visit. Generally speaking, due to the immigrant petition filed by an immediate relative, they have a strong presumption of immigrant intent which makes it unlikely to be granted entry using a nonimmigrant visa.
 
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