Visit Visa Validity? Can they Re-enter?

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sfsf

Registered Users (C)
My parents have 10 years valid visit visa. This is their third visit in four years.

We filed for their permanent residence by filing form I-130 (Nebraska Service Center) which might/will take about two years to process and approve.
We did not file AOS(I-485) and Advance Parole (I-131).

Can they leave the US and enter again as they have valid Visit Visa's?

Please advise.
 
It would not be wise to enter US on a visitor visa when an immigration petition is pending. If they are still in US you should file I-485, and Advance Parole for them ASAP. They should use Advance parole to re-enter US, not the visitor visa.
 
nkm-oct23 said:
It would not be wise to enter US on a visitor visa when an immigration petition is pending. If they are still in US you should file I-485, and Advance Parole for them ASAP. They should use Advance parole to re-enter US, not the visitor visa.
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Thanks nkm for your quick response.
Do you know of any legal issues that may be involved?
Parents might be leaving soon and the wait for Advance Parole is about 4 months and they can't wait for that long. Will they have trouble at the Point of Entry if they visit in the future on B1/B2?
 
sfsf said:
Thanks nkm for your quick response.
Do you know of any legal issues that may be involved?
Parents might be leaving soon and the wait for Advance Parole is about 4 months and they can't wait for that long. Will they have trouble at the Point of Entry if they visit in the future on B1/B2?
Click to expand...

If the immigration officer finds out that your parents have a pending immigration petition, he can and probably will send them back on the next flight. If your parents conceal this information, later on they can be deported for doing so.

If they cannot wait for you to file I-485 and Advance Parole, the legal option is for them to pick their immigrant visas in a US consulate in the next 1-2 years. Until then they should not travel to US on their visitor visas.
 
Thanks NKM for the information. Will have to convince them to wait for Advance Parole approval.

Their current I-94 stay is till Sept 23, 2004. If we file I-485 and Advance Parole, Do I still have to file for their extension?
 
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