QUESTION

Can my parents enter US while their I-130 case pending?

Asked on Mar 16th, 2016 on Immigration - Texas
More details to this question:
I filed I-130 for my father and mother back in Nov 2015, received the I-797. Can they enter US in May while their cases are pending? They already have tourist visa (B2) for 5 years. If so then I am planning to just let them come in May and file I-485 (adjust status while they are here) I heard CBP (US Custom) may deny their entry since they have cases pending. Please advice.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Individuals who are in the immigration process may be able to come to the U. S. to visit, but would have to convince the Customs and Border Protection inspector that they have no immigrant intent on this trip to the U. S. I note that you have already filed I-130 petitions for your parents and so U.S.C.I.S. may have a problem with their adjustment of status when the petitions upon which they are relying with the I-485 adjustment of status papers were filed prior to their entry to the States. Such action may lead an adjudicator to believe that your parents had the intent to immigrate on this trip when they entered the U. S. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 Apr 15th, 2016 at 8:00 AM

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