Switching from CP to AOS

A

apsy

New Member
I-130 for my parents was approved last year, Since they were in India at that time we went ahead with CP and have received DS-230 Part I last month. Now they here in US on a visitor visa, so is it possible to switch to AOS with USCIS ? If yes what do I need to do?

Thanks in advance.
 
apsy said:
I-130 for my parents was approved last year, Since they were in India at that time we went ahead with CP and have received DS-230 Part I last month. Now they here in US on a visitor visa, so is it possible to switch to AOS with USCIS ? If yes what do I need to do?

Thanks in advance.
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Hi:

Yes, it is theoretically possible. But if USCIS believes that your parents entered the US on a visitor's visa with the intent of doing AOS, you will have problems. Do you have a good reason for the change of intent?

I will just comment that your scenario is the exact reason why US consulates are very very strict about giving visitor visas to those with I130s in the works - a lot of people come for a visit, then suddenly have a "change of intent." I am not saying this is your case - you may have had a sudden change in circumstances.
 
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