Visit to U.S.A while family based greencard is in process

[sanjaysinha84]

My US citizen sister is going to file for my father and mother's greencard under the family based greencard category in December 2021.Both my father and mother are citizens of India and they both have valid U.S visitor visas valid until June 2027.In this case, can they visit my sister in U.S.A in March 2022 while their family-based greencard petition filed by my sister is still in process?If they can visit U.S.A while their greencard petition is in process, and lets say if my parents receive the good news of their greencard approval while in U.S.A and they apply for adjustment of status, can they visit me in Canada while their petition is still in process? I am a Canadian permanent resident living in province of British Columbia in Canada, thanks.

[newacct]

It's up to whether the immigration officer at entry believes that their visit is temporary and that they will not file Adjustment of Status during that stay. The officer may or may not let them in. Note that your parents can file Adjustment of Status after entry regardless of whether the petition is approved, so whether their petitions are pending or approved doesn't really make a difference in this determination. If they do apply for Adjustment of Status, they cannot leave the US before getting Advance Parole or their green card, or they will automatically abandon their Adjustment of Status. (You could perhaps see each other at the Peace Arch.)

[sanjaysinha84]

Thank you so much for your detailed response! In this case, if my parents decide to only visit U.S.A after the family based greencard petition filed by my sister is approved, may I know how long does USCIS normally take to approve a family based greencard petition wherein the parent of US citizens are citizens of India?