I-130 approved.. Adjustment of status in US

[rahulaga 0]

Hi All,

 

I need help. I had filed for my parents immigration earlier this year and got their I-130 approved today. During I-130 filing, I had selected that they will go to consulate in Mumbai and get the status change. However, now with all the situation with Covid-19, I would rather not have them travel to mumbai and risk their health. Is it possible that they can travel to US on their visitor's visa and file for adjustment of status in USCIS here in US? If yes, how do I proceed. 

 

Thanks in advance. 

 

Rgds,

Rahul

[geowrian 22,337]

Entering the US on a tourist visa with intent to stay / AOS is fraud. No, they cannot do that.

They can visit and return home, subject to CBP inspection.

[SusieQQQ 11,586]

29 minutes ago, rahulaga said:

Hi All,

 

I need help. I had filed for my parents immigration earlier this year and got their I-130 approved today. During I-130 filing, I had selected that they will go to consulate in Mumbai and get the status change. However, now with all the situation with Covid-19, I would rather not have them travel to mumbai and risk their health. Is it possible that they can travel to US on their visitor's visa and file for adjustment of status in USCIS here in US? If yes, how do I proceed. 

 

Thanks in advance. 

 

Rgds,

Rahul

They can’t travel to Mumbai but they can travel much further to the US? How does that make sense? Anyway they won’t have an interview until at least January so hopefully the local situation will be more under control by then.

 

And no they cannot enter on a visitor visa with intent to adjust status.

[SteveInBostonI130 3,432]

33 minutes ago, rahulaga said:

Hi All,

 

I need help. I had filed for my parents immigration earlier this year and got their I-130 approved today. During I-130 filing, I had selected that they will go to consulate in Mumbai and get the status change. However, now with all the situation with Covid-19, I would rather not have them travel to mumbai and risk their health. Is it possible that they can travel to US on their visitor's visa and file for adjustment of status in USCIS here in US? If yes, how do I proceed. 

 

Thanks in advance. 

 

Rgds,

Rahul

What you requested is pretty much the literal definition of immigration fraud:  travel on a non-immigrant visa with intent to immigrate.

 

Also, to clarify, there is a presidential proclamation which suspended immigrant visas for parents through the end of the year.  Therefore, as @SusieQQQ stated, January 2021 will be the earliest your parents can obtain their visa, dependent of the proclamation not being extended.

 

 

[SalishSea 17,808]

1 hour ago, rahulaga said:

Hi All,

 

I need help. I had filed for my parents immigration earlier this year and got their I-130 approved today. During I-130 filing, I had selected that they will go to consulate in Mumbai and get the status change. However, now with all the situation with Covid-19, I would rather not have them travel to mumbai and risk their health. Is it possible that they can travel to US on their visitor's visa and file for adjustment of status in USCIS here in US? If yes, how do I proceed. 

 

Thanks in advance. 

 

Rgds,

Rahul

That makes no sense.  Obviously Mumbai is closer and involves less travel than the US.

 

Besides, as the others have pointed out, it is immigration fraud.  Surely you don't want them to start out with US immigration in a shady way.

[rahulaga 0]

Thanks a lot guys. Somehow looks like my original question turned into travel to Mumbai vs travel to US. I know mumbai is closer and involves less travel than US :), however, given the situation in mumbai and 14 day quarantine etc.. its much more difficult for my old parents to do. 

Anyways, so sounds like there is no way to transfer their interview in Mumbai to here in USCIS as they can't travel on their tourist visa even though they have an approved I-130. I thought there was a way where people/parents were able to get their status change done while in US. 

[SalishSea 17,808]

1 hour ago, rahulaga said:

Thanks a lot guys. Somehow looks like my original question turned into travel to Mumbai vs travel to US. I know mumbai is closer and involves less travel than US :), however, given the situation in mumbai and 14 day quarantine etc.. its much more difficult for my old parents to do. 

Anyways, so sounds like there is no way to transfer their interview in Mumbai to here in USCIS as they can't travel on their tourist visa even though they have an approved I-130. I thought there was a way where people/parents were able to get their status change done while in US. 

In addition, there is currently a suspension on their visa category, until early 2021.

[NancyNguyen 1,657]

2 hours ago, rahulaga said:

Thanks a lot guys. Somehow looks like my original question turned into travel to Mumbai vs travel to US. I know mumbai is closer and involves less travel than US :), however, given the situation in mumbai and 14 day quarantine etc.. its much more difficult for my old parents to do. 

Anyways, so sounds like there is no way to transfer their interview in Mumbai to here in USCIS as they can't travel on their tourist visa even though they have an approved I-130. I thought there was a way where people/parents were able to get their status change done while in US. 

IR5 is suspended until next year, everything will be better by the time. Good luck.

[Timona 4,207]

US has Coronavirus too. 

Practicing safe health procedures is the way to go. 6ft, wash hands. 

[XenophiliusPNW 32]

7 hours ago, rahulaga said:

I thought there was a way where people/parents were able to get their status change done while in US. 

People who come to the United States on visitor visas and THEN their situations change and decide to stay might have a path to adjust status, but the issue is that you indicated that they would be coming to the USA on visitor visas WITH INTENT to stay... that is what would make that immigration fraud-- using a visa differently than how it was intended. So they can't come planning to stay. As others have said, best to wait it out and go to Mumbai when all of the appropriate visas are able to be issued.