Are the Consular Processing and AOS mutually exclusive? Kind of urgent, any help really appreciated

[Vickrd 18]

Hey everyone. I have a quick but very urgent question. 

 

I am a USC. I’m looking to petition my parents (who would not be presently in the US). 

 

I know that since they are not in the US I can file the I-130 (consular process). But let’s say that after I have filed it, they enter with their tourist visa which they already have. Once they have entered, would I be able to then file the I-485 to adjust their status OR would they have to go back to the country they were in when I filed the I-130 and wait for the process to be finished there? (and basically never file the 485)?

 

In other words, are petitioning from abroad and the AOS process mutually exclusive? Like once you choose one way you can’t do the other? Or can a person change their mind throughout the I-130 Consular Process route and Adjust Status with the I-485?

 

Simply put, do you have to pick which route to go with (either I-130 or I-130 + I-485) from the very beginning?

 

I would really love some insight on this question. Please let me know if I should rephrase it or if I didn’t explain myself clearly. 

[Vickrd 18]

I think I found the answer. I’ll post it here for those who may need it from the USCIS website: 

 

“When completing Form I-130, please make sure that you (as the petitioner) select only 1 option when indicating that the beneficiary intends to apply for adjustment of status inside the United States or will pursue visa processing abroad. If the Form I-130 is still pending with us and you want to change your selection (to either consular processing abroad or adjust status in the United States), you may contact the USCIS Contact Center and request a change. If you want to change your selection after we have already approved the form, you may need to file Form I-824, Application for Action on an Approved Application or Petition.”

 

Edited May 26, 2023 by Vickrd

[Mike E 11,739]

22 minutes ago, Vickrd said:

Once they have entered, would I be able to then file the I-485 to adjust their status

When they enter the U.S. on their tourist visa, will they tell the truth to the CBP officer and say they plan to file I-485?

[SalishSea 17,819]

It is fraud to enter with the intent to adjust status.   You need to petition them-  there is no work-around for the queue.

[Chancy 6,241]

28 minutes ago, Vickrd said:

I’m looking to petition my parents (who would not be presently in the US).

 

There is only one legal option for them -- consular processing for IR5 visas.

 

[Crazy Cat 41,837]

58 minutes ago, Vickrd said:

Simply put, do you have to pick which route to go with (either I-130 or I-130 + I-485) from the very beginning?

The I-485 does not apply to your parents.  

[Vickrd 18]

51 minutes ago, Mike E said:

When they enter the U.S. on their tourist visa, will they tell the truth to the CBP officer and say they plan to file I-485?

Yes of course

50 minutes ago, SalishSea said:

It is fraud to enter with the intent to adjust status.   You need to petition them-  there is no work-around for the queue.

Oh ok thank you! I definitely will petition them through the consular processing then 

[Vickrd 18]

46 minutes ago, Chancy said:

 

There is only one legal option for them -- consular processing for IR5 visas.

 

ok, i’ll do the consular processing for them, thank you 

[Boiler 45,470]

There is also the I 134a lottery they might get lucky.

[Mike E 11,739]

4 hours ago, Vickrd said:

Yes of course

Then you can expect denial of entry.

[Vickrd 18]

3 minutes ago, Mike E said:

Then you can expect denial of entry.

oh ok! thanks so much!