Parents PR: AOS or CP? (travel related question)

[ExEB1Waiter]

I want to apply for PR status for my parents. They have a tourist Visa which is valid till 2010. I am debating whether to apply for their GC via AOS vs CP. Apart from other issues, the flexibility or the lack thereof, to travel between India and US, is an important factor. I need advise on the following:


1. If I apply for an immigrant visa for them via the CP process, can they still continue to use the tourist Visa for visits?

2. If the tourist visa is no longer valid, can a parole document be issued for beneficiaries who are going through the CP process?

3. If the parole can not be issued for CP, can I apply for the immigrant visa while they are in the US via AOS, get the parole, and then request CP? Will the parole still be valid even the original intention was AOS?

 

[visaapplicant]

1. There are threads and discussion on this topic in this forum. You may want to refer to them. One should not enter US on non-immigrant visa with an immigrant intent (pending petition clearly demonstartes immi intent). That said, people have done it but you run the risk of being returned back to India from POE.

2. Advance parole is for people going through AOS.

3. AOS and CP are two diferent processes. In that case you will have to start CP again. Having USCIS to send approved petition (OR in process petition after approval) to NVC (for CP) may not be straight forward if not indicated beforehand and may result in delays.

You may be better off going with AOS and travelling back and forth on AP.