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Can I file my parent's I-130 before they enter with B1/B2 visa? (Will go back home not gonna stay)

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Hi friends,

I am an USC and planning to file I-130 (Counselor processing overseas) for my parents who are Chinese citizens. They currently have B1/B2 visa and plan to come in a few months and stay for a few weeks, then they will go back home. I have some questions:

  • The case seems like straightforward. I am proficient in English. Do I actually need a lawyer? The quote I got ranges from 2k to 7k which I think is insane.
  • If there any concern if they come to US with B1/B2 after I file for I-130? Some sources told me they can be determined that they want to stay here forever but it goes against their visa status. Can I mitigate the risks or just ask them to not come or file after they go back?
  • For 2, what is actually the concern? What's wrong with them trying to enter as visitors and getting GC later? I am confused... Doesn't look like anything wrong to me...

Thanks!

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Filed: K-1 Visa Country: Wales
Timeline

Pretty simple for most people, this is after all a DIY site.

 

We have a mega thread about visiting when a case is in process, very rare for normal visits to cause a problem. I visited a few times when waiting.

 

The problem cases I see is where people are looking to immigrate on a tourist visa, have a history of very long visits or some other specific problem.

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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  • 2 weeks later...
On 1/2/2024 at 8:54 PM, Boiler said:

Pretty simple for most people, this is after all a DIY site.

 

We have a mega thread about visiting when a case is in process, very rare for normal visits to cause a problem. I visited a few times when waiting.

 

The problem cases I see is where people are looking to immigrate on a tourist visa, have a history of very long visits or some other specific problem.

 

Thanks! Can you direct me to the thread you mentioned? 

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Filed: K-1 Visa Country: Wales
Timeline

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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