US citizen filing for parents

[Pritam-Amrit 0]

I am looking for advice on filing I-130 for my parents-- (a) is there any advantage (timeline) in filing I-130 for parents while they are in US? (b) if I file I-130 for them when they are in their home country (India), could they travel to the US while the process is pending?  They already have tourist visa.

[TM92 527]

16 minutes ago, Pritam-Amrit said:

is there any advantage (timeline)

No advantage. Either way, they will interview in India.

[CEE53147 559]

You have posted on a public forum that they have intent to immigrate. Entering the US with the intent to adjust status is immigration fraud. Consular processing is the correct option. They could very likely be denied entry on a tourist visa.

[SusieQQQ 11,587]

It’s not clear if poster is talking about entering to adjust, or simply asking if parents can visit during process. I read it as the latter. 

Edited November 20, 2018 by SusieQQQ

[Pritam-Amrit 0]

Thank you SusieQQQ for the response! Yes, what I meant was whether my parents can visit (not adjust status) on a tourist visa while process is pending?  I am fully aware that tourist visa is a non-immigrant visa.

[SusieQQQ 11,587]

2 hours ago, Pritam-Amrit said:

Thank you SusieQQQ for the response! Yes, what I meant was whether my parents can visit (not adjust status) on a tourist visa while process is pending?  I am fully aware that tourist visa is a non-immigrant visa.

They can, but the CBP officer will likely be suspicious that they will attempt to stay and adjust status so they must be sure to bring strong proof of reasons they will return home to process the visa (such as job letter, etc). There is certainly a risk they will be denied entry. As it is only around a year to process ir5 (I think), maybe better to simply wait till the visa is done before they return.