QUESTION
How do I file for I130 for parents vising as tourists?
Asked on Oct 17th, 2016 on Immigration - Georgia
More details to this question:
My parents have been visiting me in the US for years as tourists, but now I am pregnant and would like to request the green card for them so they can be part of the baby's file and help with childcare. They have a valid 10 year tourist visas. I need some help because I get two different information all the time some places say I can have them come in on the tourist visa and apply for I130 and the adjustment status or I necessarily need to go through the consular process. Can my parents just come and visit with the baby if the latest is our only option?
1 ANSWER
Significantly more information is needed in order to assess immigration eligibilities, options and strategies for your and your parents' immigration-related goals. Note, however, that if your parents would not be eligible to enter into the U.S. with B1/B2 visitor visas while intending to remain in the U.S. through adjusting status to become Permanent Residents, and doing so could present a risk of being deemed to have committed visa fraud with very harsh legal consequences. You and your parents should consult with an immigration attorney who, after learning all of the relevant information about you, about your parents, about their immigration-related history, etc., could advise about eligibilities, options and strategies and who could offer legal representation in the often quite complex application process.
Answered on Nov 10th, 2016 at 8:18 AM