Pros and cons of I-130 when outside vs inside the US?

[mwert 6]

Hi,

 

I am US Citizen and I want to petition for green cards for my parents.

They traveled to US before on B1/B2 but they don't have valid visas right now. They are in another country. I want them both to be able to visit me this summer.

 

I see essentially two paths:

1. File I-130 for both of them right now, in Feb 2022. Then after the petition is filed, help them to apply for B1/B2 (which is tough given appointment shortage in consulates), and hopefully they get an interview some time in May/June, visit me in July-August for a month or two and then go back to their home country, and then after I-130 is approved to show up in a consulate to get an immigration visa. Is this advisable or will they get rejected for their tourist visas because I-130 is in process?

2. Help them to apply for B1/B2, get them to arrive to the US some time in June, and then as soon as they land file I-130 and AOS. I understand that in this case they won't be able to leave until they get I-130 and AOS approved which might take ~a year or longer?

 

Also, I understand that for people outside the US there is an interview in a consulate for an immigration visa after petition is approved. How hard is this interview and do you know about cases when visa was denied after petition was approved? Is there any interview for this for people who are inside the US?

 

Thank you!

[Lil bear 4,201]

Entering on a visitor visa with the intent to Adjust Status .. your second option… is fraudulent actions 

 

 

[aaron2020 11,651]

11 minutes ago, mwert said:

Hi,

 

I am US Citizen and I want to petition for green cards for my parents.

They traveled to US before on B1/B2 but they don't have valid visas right now. They are in another country. I want them both to be able to visit me this summer.

 

I see essentially two paths:

1. File I-130 for both of them right now, in Feb 2022. Then after the petition is filed, help them to apply for B1/B2 (which is tough given appointment shortage in consulates), and hopefully they get an interview some time in May/June, visit me in July-August for a month or two and then go back to their home country, and then after I-130 is approved to show up in a consulate to get an immigration visa. Is this advisable or will they get rejected for their tourist visas because I-130 is in process?

2. Help them to apply for B1/B2, get them to arrive to the US some time in June, and then as soon as they land file I-130 and AOS. I understand that in this case they won't be able to leave until they get I-130 and AOS approved which might take ~a year or longer?

 

Also, I understand that for people outside the US there is an interview in a consulate for an immigration visa after petition is approved. How hard is this interview and do you know about cases when visa was denied after petition was approved? Is there any interview for this for people who are inside the US?

 

Thank you!

There is only one path for your parents.  You file separate I-130 for them in order for them to immigrate to the US.  

 

No idea if they would get visitor visas rejected because of immigrant intent.

 

Planning to violate the terms of their non-immigrant visitor visas to immigrate is IMMIGRATION FRAUD.  

[JeanneAdil 6,498]

Interviewing for any visa depends on the country/embassy they will go thru