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Filing I 485 while in US after I130 approval

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  • Filing I 485 while in US after I130 approval

    Hi,

    I filed I130 for my both parents recently. Application was filed when they are in India. Now they are planning to visit us on visitor visa in next May or June.

    My question is meanitime if I get I-130 approval from USCIS, can I file I-485 for both parents while they are here? Also if once I-485 filed, can they stay in US untill they recieve their Green Card?

    Appreciate your help in advance, as I was thinking to ask them wait in India for Green Card if the above question is not valid.

    -Pratik

  • #2
    Your parents can not come to the USA with a visitor visa with the intention of staying and applying for I-485 to get a green card. That would be immigration fraud by misrepresenting your intentions at the Port of Entry.

    Also, once an I-130 is filed for them, they will have a hard time being admitted into the USA.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Any update Pratik..did they made it back to US

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