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Sponsoring parents, are there any risks if I file I-130 while they are visiting?

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  • Sponsoring parents, are there any risks if I file I-130 while they are visiting?

    Hi,

    I am a naturalized citizen. I am considering sponsoring my parents to immigrate. My parents already have tourist visas to US. A couple of questions:

    1) Are there any risks in filing I-130 while they are visiting?

    2) They are not planning to visit soon. Is it better for me to file I-130 now, or is it better for me to wait till they visit?

    Thank you in advance.

  • #2
    Originally posted by spark650 View Post
    Hi,

    I am a naturalized citizen. I am considering sponsoring my parents to immigrate. My parents already have tourist visas to US. A couple of questions:

    1) Are there any risks in filing I-130 while they are visiting?

    2) They are not planning to visit soon. Is it better for me to file I-130 now, or is it better for me to wait till they visit?

    Thank you in advance.
    Does not matter if they're in the United States or at their homeland. You can file the petition when ever you're ready.

    Comment


    • #3
      Originally posted by spark650 View Post
      Hi,

      I am a naturalized citizen. I am considering sponsoring my parents to immigrate. My parents already have tourist visas to US. A couple of questions:

      1) Are there any risks in filing I-130 while they are visiting?

      2) They are not planning to visit soon. Is it better for me to file I-130 now, or is it better for me to wait till they visit?

      Thank you in advance.
      If you file I130 now, and do not go for the consular processing route for their GC, they stand the risk of being rejected entry using their B1 visa, since an approved I130 shows immigration intent. So, two choices
      (1) File I130 and go the consular route, so that their next visit would be with a GC.
      (2) Wait till they visit you, and during their trip file I130 and AOS concurrently. Being immediate family of a US citizen, there is no queue.
      Just an opinion; Not legal advice.

      Comment

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