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Form I-130 for Parents Question#22

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  • Form I-130 for Parents Question#22

    I am filling form I-130 for my parents.
    Not sure what to fill for Question#22.
    - Your relative is in United States and will apply for adjustment of status ...
    -If you relative is not eligible for adjustment of status,he or she will apply for a visa abroad at the American consulate post in....

    My questions:
    1) My parents are not currently in US.Makes sense to leave this section "Your relative is in United States and will apply for adjustment of status " blank, correct?

    2) My parents are currently abroad.So for section "If you relative is not eligible for adjustment of status,he or she will apply for a visa abroad at the American consulate post in...." I should put their home country consulate city and country information. Which makes sense.

    However, they plan to come the USA on visitor visa (which they already have) sometime in November and I am assuming their I-130 is still pending and I decide to file their I485 while they are in USA
    a) Knowing this should I leave this section blank and not provide their consulate city and country information ?
    b) What if I filed the form I-130 with the consulate information abroad does that mean I cannot file their I-485 while they are in the US visiting and their I-130 is still pending?

    Thank you.

  • #2
    Note that they should not be travelling into the US on a visitor VISA if you are filing a GC for them....

    If you intent to apply for a GC then wait for them to come here then submit your papers.

    Note that wherever your parents are they have to remain there for the entire period when the GC gets processed ( be in their home country / US ).

    Any time they try to travel in... they will be in violation of a condition called Duel intent (Entering as a Visitor with an intention to Immigrate) and maybe refused entry.

    Also you cannot apply for Consular Adjustment and then say you want AOS in the US... you file & workflow associated to the process is similar but done at different places.... you cannot mix and match and pick and choose. The immigration process/workflow is steamlined and there arn't much choices like a salad bar to pick based on convenience.

    Sure you can always move a AOS case to a Consulate due to circumstances but that will always delay the processing and more time consuming.

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