DQed at NVC, IR5, stuck at interview due to EO

[Rebecca789778 0]

Hi folks, 

 

Here's the story. My parents are currently DQed at NVC in my home country. Due to the Executive Order, IR5 interviews are not moving. If my parents theoretically can come here with their valid tourist visa, would they be able to file for I485? I-130 approved and I864 was approved as well by NVC. Will they be able to use those prior approvals? And, would it be legal to do it that way if that were an option, all theoretically? What would be the best course of action? 

 

Sincerely,

R

 

 

[HRQX 4,145]

18 minutes ago, Rebecca789778 said:

If my parents theoretically can come here with their valid tourist visa, would they be able to file for I485?

No. At POE, when CBP asks for purpose of visit they must answer honestly: "to stay" or "to adjust status." Refer to INA 214(b) and INA 212(a)(7)(A)(i)(I).

[Chancy 6,241]

30 minutes ago, Rebecca789778 said:

If my parents theoretically can come here with their valid tourist visa, would they be able to file for I485?

 

Entering the US on a tourist visa with intent to adjust status would not be legal.  You and your parents should wait for the visa issuance ban to be lifted.

 

[aaron2020 11,651]

It's illegal to use non-immigrant visitor visas to enter the US with the intent to immigrate by adjusting status.  

Attempting to enter the US on non-immigrant visitor visas with the intent to immigrate by adjusting status could result in your parents losing their chances to immigrate to the US.

 

Be patience and wait for consular processing of their immigrant visas.  This would be the best course of action.

 

[Ryan H 3,812]

***Thread closed to additional discussion under the below quoted provision of the TOS.***

 

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• Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.