Can Parents Travel to US on Visitor Visa while I130 in Process?

I am a US citizen and have sponsored my parents GC. They have a 10 year Vistor
visa and have come to US 10 times for 2-3 months at a time in last fifteen
years. Can they travel to US on visitor visa and go back while I-130 gets
processed? What are their chances of entry getting denied? if the entry is denied
is there any adverse impact on their application?

Asked on March 8, 2017 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No adverse impact on their I-130 application.  While legally they are able to continue traveling on a visitor's visa while the I-130 is pending, practically speaking, people are often stopped at the border in these types of cases where it is presumed that they will want to circumvent the process of consular processing by entering the US as visitors and then just adjusting status.  However, if they can present evidence that they do not intend to do that but will return to their home country to consular process, it should be ok.

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No adverse impact on their I-130 application.  While legally they are able to continue traveling on a visitor's visa while the I-130 is pending, practically speaking, people are often stopped at the border in these types of cases where it is presumed that they will want to circumvent the process of consular processing by entering the US as visitors and then just adjusting status.  However, if they can present evidence that they do not intend to do that but will return to their home country to consular process, it should be ok.


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