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  • visitors visa and residency

    Hi,
    I am a US citizen(naturalized) and have applied for residency for my parents who are back in India. I think this process takes about 2-2.5 years.
    Two questions:
    1. I would like my parents to come visit me as I will be having a baby soon, would the residency application cause a problem for them to get a visitors visa?
    2. Also is it possible to apply for a change of status once they arrive on a visitors, since the application for residency is already in process?

    Please advice.
    Thanks

  • #2
    1-2. Yes, The chances that they'll get a visitor visa are almost nil
    because a visitor visa requires non-immigrant intent whereas
    your filing for their family based petition implies immigrant intent.

    In theory, the only possible way one of them could come to the US
    in this situation would be on an H-1b or an L-1 visa.
    Last edited by pons1; 07-29-2005, 10:33 AM.

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    • #3
      Originally posted by lilbee
      Hi,
      I am a US citizen(naturalized) and have applied for residency for my parents who are back in India. I think this process takes about 2-2.5 years.:
      Why is it taking 2 - 2.5 years? Parents of USC's are not subject to numerical limitations on the visa numbers.

      Two questions:
      1. I would like my parents to come visit me as I will be having a baby soon, would the residency application cause a problem for them to get a visitors visa? :
      Yes it will, as you have to disclose that an immigration petition has been filed on behalf of them in the DS-156 visa application form

      2. Also is it possible to apply for a change of status once they arrive on a visitors, since the application for residency is already in process?
      Please advice.
      Thanks
      If they have an I-130 approved, they could probably file for I-485 and other documents as needed.

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      • #4
        Thanks!!

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