Doing Medical examination abroad for concurrent filling

[marroushka 0]

I was recently naturalized and want to now start the process for my parents. I am thinking of doing the concurrent filling of I-130 and I-485. They will be coming to the US soon as they have a visitor visa. I am wondering if they can do the medical examination in their home country before coming to the US. It will be cheaper and faster this way.

Thank you

[Hypnos 6,578]

Entering the US on a visitor's visa with the pre-conceived intent to remain would constitute immigration fraud.

[marroushka 0]

Entering the US on a visitor's visa with the pre-conceived intent to remain would constitute immigration fraud.

Oh wow! It's good I asked - Thank you. I will then split the process. Hopefully the I-130 goes fast.

thanks again

[Hypnos 6,578]

No worries.

File the I-130s now and it should take roughly 8 - 10 months for them to be approved. After that they can enter on an immigrant visa and will automatically receive green cards on entry to the US. Much safer and easier than AoS which is a discretionary benefit for those whose circumstances have changed since their initial entry to the US.

[Ning 619]

Oh wow! It's good I asked - Thank you. I will then split the process. Hopefully the I-130 goes fast.

thanks again

They would apply for their own tourist visas as individuals. Obtaining those will be very difficult. Trying it after you have filed for an immigrant based visa for them will make it impossible.

Study the strongest ties rule and explain to them what that means; how it applies to a tourist visa for them. To save money have only one try the tourist visa path first. If that succeeds the other can use the criteria as well. No matter what they do it will be very difficult to be granted a visa.

[marroushka 0]

No worries.

File the I-130s now and it should take roughly 8 - 10 months for them to be approved. After that they can enter on an immigrant visa and will automatically receive green cards on entry to the US. Much safer and easier than AoS which is a discretionary benefit for those whose circumstances have changed since their initial entry to the US.

Thanks again - can they still come and visit with their tourist visa once I file the I-130 or the application will automatically revoke their tourist visa?

[Ning 619]

Thanks again - can they still come and visit with their tourist visa once I file the I-130 or the application will automatically revoke their tourist visa?

Entry in the USA is granted at the POE. This means even if they have a tourist visa they may not be allowed entry when and if they have a immigrant based petition in place. That fact would surface when the officer at the POE entered their info into the data bank.

Keep in mind all people holding tourist visas are considered intending immigrants.

[marroushka 0]

Entry in the USA is granted at the POE. This means even if they have a tourist visa they may not be allowed entry when and if they have a immigrant based petition in place. That fact would surface when the officer at the POE entered their info into the data bank.

Keep in mind all people holding tourist visas are considered intending immigrants.

Well then I have to submit the I-130 later beasue they are already coming soon as tourists. If something happens in Jordan (it is very volatile now over there as is the whole Middle East) will it be possible to do a AoS (visa status change)then through concurrent application? I am just trying to figure my options.

[ceadsearc 516]

Yes, if circumstances change they could adjust as long as that isn't the plan when they arrive. They can continue to visit on the B-2 even after you file as long as they can show strong proof they plan to return as CBP makes the final determination at POE (but if they already have visas and have used them properly in the past that is in their favor).