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Alex2751

Can my parents stay in USA while I130 is processed

By Alex2751 in Bringing Family Members of US Citizens to America

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Alex2751 Rookie

Alex2751   0

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Filed: Citizen (apr) Country: Croatia
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I got question regarding my parents coming to USA and staying. They plan to come here to visit me on visitor visa. While they are in USA I am planning to sponsor them and file I-130. Can my parents stay in USA while I-130 is pending? Does someone have such expirience?

Thank you a bunch!

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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
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No.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

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Day 407 (2/14/19) Oath ceremony in Dallas, TX

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blueniv Contributor

blueniv   5

Posted
Filed: AOS (apr) Country: Netherlands
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I'm confused. Are you a US citizen? If your plan is to have your parents come over on a tourist visa and then adjusting status for them by filing I-130/I-485, that would be illegal. If you're asking if you can pay for their holiday to the US, then yeah, sure.

  • 04/15/2014: POE, Seattle, WA (VWP)

  • 06/28/2014: Married!

07/17/2014: Sent in I-130 & I-485 to Chicago

07/20/2014: USCIS receives AOS package

07/25/2014: Received NOA via e-mail and text

07/28/2014: Received NOA hardcopies via mail

08/05/2014: Received letter biometrics appointment

08/07/2014: Received RFE regarding tax return

08/18/2014: Biometrics

09/29/2014: Sent in RFE response

11/04/2014: EAD approved

11/04/2014: AOS interview ready to be scheduled

11/10/2014: Received EAD card

01/02/2015: AOS interview date set

01/09/2015: Received interview date via mail

02/03/2015: AOS interview Seattle field office: Approved!

02/03/2015: Green Card production ordered

02/04/2015: USCIS Welcome notice mailed

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Boiler Grand Master

Boiler   45,486

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Filed: K-1 Visa Country: Wales
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What are they going to say when asked the purpose of their visit?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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JohnR! Grand Master

JohnR!   5,495

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Filed: Country: Monaco
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I got question regarding my parents coming to USA and staying. They plan to come here to visit me on visitor visa. While they are in USA I am planning to sponsor them and file I-130. Can my parents stay in USA while I-130 is pending? Does someone have such expirience?

Thank you a bunch!

They can come visit and stay for as long as their I-94 is valid. You can file their I-130 as soon as you want. However note that they should not use their tourist visas to enter the US with the purpose of stay and adjust status, for intent to do so is considered immigration fraud.

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www.ffrf.org




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Alex2751 Rookie

Alex2751   0

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Filed: Citizen (apr) Country: Croatia
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I forgot to mention that they are coming every year on tourist visa to visit me, so they never plan on staying in US while on tourist visa. Though this year I should become US citizen while they are visiting me.

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ReconoceR Newbie

ReconoceR   0

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Filed: Citizen (apr) Country: Venezuela
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Posted

My case is similar to Alex2751's however I am already a US Citizen. If my parents are here visiting within the time the I-94 allows them to stay in the country and I apply for them, would that be considered immigration fraud?

I mean when one adjusts the status that means one is already in the country. Should they leave the country and come back with their approved I-130?

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Boiler Grand Master

Boiler   45,486

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Filed: K-1 Visa Country: Wales
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Talk to a Lawyer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted

My case is similar to Alex2751's however I am already a US Citizen. If my parents are here visiting within the time the I-94 allows them to stay in the country and I apply for them, would that be considered immigration fraud?

I mean when one adjusts the status that means one is already in the country. Should they leave the country and come back with their approved I-130?

If they aren't here now, then you are contemplating immigration fraud.

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