Parents visa renewal complication

[deblinbagchi]

Hello there,


Wish you a very happy new year 2023 !

I was wondering if you can provide me with some tips as to what I can do in the following scenario.


I came to the USA as a student in the year 2013 for my masters. Right now, I am a professional with an H1B visa. My parents had applied for b2 visas in 2014 and had visited me a number of times afterwards, i.e. 2014, 2016 and 2022. The length of their trips were always short, 1-2 months or so…well within the i-94 period.

However, in the year 2016, my uncle who is a US citizen had applied for i-130 (sibling green card) for my dad. Obviously, it is a long wait for that green card and there is really no way of knowing if my parents are ever going to get a green card that way.

Now, the problem is this: Earlier my parents had received a 10 year multiple entry visa so the time to renew the visa is coming soon…My question is: Will there be a problem with my parents visa renewal because of the i-130 petition that has been applied for them ? What are my options in this case ? Should I ask my uncle to withdraw the i-130 petition ?

Please let me know if you have any tips for this situation ! I would like my parents to visit me here for as long as they can.

[Libra_14]

Theoretically, once you show your "intention" to migrate to USA its difficult for you to get B visa and to travel using that visa. But since your parent did visited you in 2022 & were not questioned for their immigration petition, you should still be fine.

During the renewal of their B2 visa also, they'll need to prove that their intention for the visit right now is to meet you & return (their travel history so far will help).