Family Based GC vs Visiting Visa

[info4all]

Hi,

I need some help here...Please try to help me...

Here is my situation...

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My uncle filed a GC for my parents based on his Citizenship status...The GC application is still pending..i recently called to NVC, they said it will take atleast another 1 year to get this process done...it has been going on since 8years...

I am now staying in US and i want to send my parents for Visitor visa based on my visa status (as dependents on me)....Would this be a problem? Will there be any issues with the earlier GC application that my uncle filed for my parents? or Should i wait until they get their GC?
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Please advise me...

Thanks

[PraetorianXI]

It will be very hard for them to obtain a visitor visa. Such visas require non-immigrant intent and in their case they already have an I-130 (immigrant petition) filed for them, so their goal is that of immigrants.

You can try, but it will very likely be denied.

[info4all]

Thanks a lot.....So it is better to wait for the family based application instead of going for visitor visa....Right?

[PraetorianXI]

yes.

[Xkuger]

Do not change course mid way. That has a detrimental effect.

Once you have applied saying you want to immigrate then you cannot go back and say "Oops I just want to visit". This brings in the case of Dual intent.

So I would say you have to stake it out. You will read in the forums that many people can apply for immigration however prefer the visitors route because its quicker & if you can show ties to india and luck can get a visitor VISA.

However once you put in immigration paper you option for a visitor VISA basically is a closed issue, as they will say you are now trying to get in and they apply for GC.

[alimemon]

I just renewed my visitor visa 5 year multiple while I-130 pending for 1.5 years. Depends on a lot of things. This was my 6th Renewal of 5 year multiple and have visited US 6-8 times plus have graduated from a US school and have lived for 4-5 years in US. All depends on your case. My renewal interview was less than 3 minutes long.