Us Citizen bringing parents to the USA. Apply when they are here or abroad?

[waiting1 0]

I just became an US citizen, I am planning to bring my parents to live here in the USA. They have a tourist visa and come and visit once a year for a couple months.

Is it better to apply for their I-130 while they are here (meaning that they can’t go back to my home country until the whole process is approved? ) or while they are abroad. If I apply for them while they are abroad can they still come with their USA tourist visa? or I have to wait until the get approve for their green card?

Thanks for the info.

[Shauneg 762]

You can't bring them here with the intention of filing a I-130 when they are arrive. If they are here now then it's fine....but to come on a tourist visa with the intent to adjust is fraud. They can still come visit on a tourist during the process but there is no guarantee they will be let in at CBP and they can expect to maybe get asked more questions than normal. Legally though it's perfectly fine to visit while a 130 is in process and many have no issues coming and going.

Edited January 5, 2016 by Shauneg