QUESTION
Can a US citizen apply for i-130 for their foreign parents while they are on visitor status in USA?
Asked on Sep 06th, 2022 on Immigration - Washington
More details to this question:
My parents are visiting me now (on tourist visa which will anyway expire next year), and will go back to our home country in 3 months. We don't want to adjust their status or apply for advanced parole, as those are taking close to 2 years, and we don't want them to get stuck here. I was wondering if I can apply for their i-130 while they are physically in USA. We plan to do consular processing after they are back in home country and the i-130 is approved.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
There is no rule written or unwritten that prevents a petition being filed for persons who are presently in the US and will quickly return overseas and await consular processing. In point of fact, we have done many cases over the years involving the same situation with no detrimental effect for our clients. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 30th, 2022 at 3:24 PM