tourist visa and adjustment status HELP

[romypau77 0]

hello, I want to bring my parents to us, ( us citizen here) they live abroad, but they visit very often

can I start the application while they are here in US with a tourist visit? and file form I-130 and form I-485 at the same time,?

I googled it but got mixed answers, 

thanks !!!

[WeGuyGal 1,052]

3 minutes ago, romypau77 said:

hello, I want to bring my parents to us, ( us citizen here) they live abroad, but they visit very often

can I start the application while they are here in US with a tourist visit? and file form I-130 and form I-485 at the same time,?

I googled it but got mixed answers, 

thanks !!!

Based on the above, the answer is NO

 

You may petition them by filing i130 anytime; however they interview in their home country for an IR5 visa. Entering the US on a b2 visa with intent to adjust status is misuse/abuse of that visa, and thus construes visa fraud. 

 

What country would they be visiting from? 

[payxibka 10,045]

14 minutes ago, romypau77 said:

hello, I want to bring my parents to us, ( us citizen here) they live abroad, but they visit very often

can I start the application while they are here in US with a tourist visit? and file form I-130 and form I-485 at the same time,?

I googled it but got mixed answers, 

thanks !!!

You cannot use a tourist entry as a part of a preconceived plan to circumvent the immigration process

[geowrian 22,337]

You can file the I-130.

They can visit.

They cannot enter with intent to stay, or wait out the process in the US (it will take over 6 months).

[Going through 5,671]

16 minutes ago, romypau77 said:

can I start the application while they are here in US with a tourist visit? and file form I-130 and form I-485 at the same time,?

It's fraud for them to cross the border with intent on staying to adjust status within the US.

 

18 minutes ago, romypau77 said:

hello, I want to bring my parents to us, ( us citizen here) they live abroad, but they visit very often

Also...the way it's worded....do your parents WANT to live in the USA, or you're hoping to convince them to relocate? Perhaps they want to just continue to visit often?

[romypau77 0]

I think I was not clear in my question, they live abroad, and they visit all the time, 

I want to know if 

1) can apply while they are here, or do I have to wait until they get back to send forms, ?

2) after applying , will they be able to travel? to and from US with their tourist visa?

thanks

[payxibka 10,045]

3 minutes ago, romypau77 said:

I think I was not clear in my question, they live abroad, and they visit all the time, 

I want to know if 

1) can apply while they are here, or do I have to wait until they get back to send forms, ?

2) after applying , will they be able to travel? to and from US with their tourist visa?

thanks

Yes to both.

 

[geowrian 22,337]

5 minutes ago, romypau77 said:

I think I was not clear in my question, they live abroad, and they visit all the time, 

I want to know if 

1) can apply while they are here, or do I have to wait until they get back to send forms, ?

2) after applying , will they be able to travel? to and from US with their tourist visa?

1. You can start the process at any point - whether they are in the US or abroad. Starting the process is filing an I-130. No I-485...that's for Adjustment Of Status (AOS) within the US. They need to go through consular processing abroad for a visa.
2. They can continue to visit during the process (so long as CBP admits them...as is always the case).

Edited January 11, 2019 by geowrian

[little immigrant 801]

3 minutes ago, romypau77 said:

I think I was not clear in my question, they live abroad, and they visit all the time, 

I want to know if 

1) can apply while they are here, or do I have to wait until they get back to send forms, ?

2) after applying , will they be able to travel? to and from US with their tourist visa?

thanks

You can send I-130 anytime. Even while they're here. But you shouldn't send I-485 

 

They should be able to visit

 

[WeGuyGal 1,052]

5 minutes ago, romypau77 said:

I think I was not clear in my question, they live abroad, and they visit all the time, 

I want to know if 

1) can apply while they are here, or do I have to wait until they get back to send forms, ?

2) after applying , will they be able to travel? to and from US with their tourist visa?

thanks

You can apply anytime.. while they're abroad OR while they're here OR after they leave following their visit; any time!

After applying, they can attempt to visit, however all requests for admission are subject to CBP discretion. 

 

WHere would they be visiting from? 

Edited January 11, 2019 by WeGuyGal

[Going through 5,671]

May have a harder time being admitted entry once the i-30 is filed (as it shows immigrant intent), but not impossible.