Immigrant visa for parents

[neha11sharma]

Hi everyone,

I and a citizen and want to apply immigrant visa for my parents. My mother already has a tourist visa for 10 years but didn't make a visit so far. My father was rejected for tourist visa 5 times. They never gave any reason for rejection. Can I still apply for the immigrant visa and any chances of getting the petition approved after tourist visa rejection?

Can immigrant visa be rejected based on rejection history of tourist visa? Also, if I apply the immigrant visa, can i mother visit US in between since she already has the visa.

Thanks in advance,
Neha

[rayb]

Just go ahead and submit I-130 packages for parents. Prior B2 denials are usually done "without prejudice" for future visa applications.

--Ray B

Hi everyone,

I and a citizen and want to apply immigrant visa for my parents. My mother already has a tourist visa for 10 years but didn't make a visit so far. My father was rejected for tourist visa 5 times. They never gave any reason for rejection. Can I still apply for the immigrant visa and any chances of getting the petition approved after tourist visa rejection?

Can immigrant visa be rejected based on rejection history of tourist visa? Also, if I apply the immigrant visa, can i mother visit US in between since she already has the visa.

Thanks in advance,
Neha

[neha11sharma]

Just go ahead and submit I-130 packages for parents. Prior B2 denials are usually done "without prejudice" for future visa applications.

--Ray B

Thanks Ray !! Appreciate your quick response.
Also, can i mother visit while the immigrant visa is in progress since she already has tourist visa?
And do i need to file seperate petition for father and mother or one is good? They have a 16 years old who will be dependent on them.

[rayb]

Mom can try to visit, but submittal of an immigrant petition, when mentioned during a visitor visa interview or at the Port of Entry, may disallow use of the visitor visa.

Separate petitions must be filed for mother and father.

Since parent petitions are "immediate priority" status, derivative visas for children are not allowed. The child will have to be petitioned by parent after they arrive in U.S.

--Ray B

Thanks Ray !! Appreciate your quick response.
Also, can i mother visit while the immigrant visa is in progress since she already has tourist visa?
And do i need to file seperate petition for father and mother or one is good? They have a 16 years old who will be dependent on them.

[neha11sharma]

Mom can try to visit, but submittal of an immigrant petition, when mentioned during a visitor visa interview or at the Port of Entry, may disallow use of the visitor visa.

Separate petitions must be filed for mother and father.

Since parent petitions are "immediate priority" status, derivative visas for children are not allowed. The child will have to be petitioned by parent after they arrive in U.S.

--Ray B

Thanks Ray !!
One last question please, this is for my sister-in-law family.
She filed the petition only for her father and he shall be in US by end of the year. Later next year, if she wants to file petition for her mother (as parent of US citizen), can she do that? Or she can't as the spouse is a LPR in US and petition needs to be filed through husband only.
We are confused as if she will file for her mother, it would take an year and if her father files for her spouse, it would take longer.

Thanks in advance !!

[rayb]

It will be faster if your sister-in-law petitions her mother.

--Ray B

Thanks Ray !!
One last question please, this is for my sister-in-law family.
She filed the petition only for her father and he shall be in US by end of the year. Later next year, if she wants to file petition for her mother (as parent of US citizen), can she do that? Or she can't as the spouse is a LPR in US and petition needs to be filed through husband only.
We are confused as if she will file for her mother, it would take an year and if her father files for her spouse, it would take longer.

Thanks in advance !!