I am a naturalized US citizen since 2006. My parents live in India. They currently hold a multi-entry visitors' visa. They have been to the US several times. I applied for their I 130 with an intent to do consular processing. I 130 was approved about a year ago. However, they have not been able to move on consular processing and are in the process of collecting documents. I have not yet filed for Affidavit of Support with NVC.
Can my parents visit US on their visitors' visa? They want to come here in March and they do not have enough time left to get through with consular processing.
IF it has been more than a year since your parents' I-130 was approved, their Immigrant Visa Application may have been cancelled since they have not proceeded with the process.
NVC notes: "If the NVC does not receive communication from any representative of an immigrant visa case for a period of one year the termination porcess begins. All documents and fees then expire and must be resubmitted to resume the immigration process."
VALIDITY OF A VISA APPLICATION: Section 203(g) of the Immigration and Nationality
Act (INA), as amended, requires that intending immigrants pursue their visa applications within
one (1) year from the date they are notified to start the application process. The appointment
letter serves as the official notice. You should now apply for an immigrant visa. If you fail to
apply within one (1) year, your immigrant visa registration and the visa petition filed for you will
be cancelled. Documentation requested by a consular officer during the visa interview should be
submitted within one (1) year or the application will be terminated.
