Question about parents of US citizen and process after NVC (Travel restrictions?)

[tmk2503 0]

Hi, I am a US citizen and petitioned for my parents to get permanent residency. They are residents abroad (not in the country they are from, but a place with a US embassy) and we have opted for consular process.

Three (pretty loaded!) questions I would appreciate any insight on, and here's the background : they both hold valid b1 b2 visas that were issued before beginning with the I130 process. They typically travel to the US once a year for vacation and visit family. They would like to do the same this summer and even though we filed beginning of January have only just had the paperwork get to the NVC. Most likely they will not have an interview or get the green card before their desired travel date.

Questions:

1) can they travel to the US for a month or two with their visit visa while case is in process? Is there any risk of the immigration officer rejecting their entry or effecting their case if there is a presumption that they intend to immigrate even though that's not the case? Would it be helpful for them to take paperwork like leases bank statements, return ticket, and work documents showing proof they are going back?

2) what is the typical process at this stage, the last thing we were able to do was file the i261 and pay the petitioner fee and it's been stuck at that point not letting me pay applicants fee yet. I have no lawyer or guidance and would just appreciate any insight on what happens next in the process and when I need to file the affidavit of support or anything else, and when past that should we expect an interview date to be set.

3) if they do end up traveling to the US and the interview gets set at the country they reside in, during their time in US is it advisable they fly back immediately or is there a mechanism that allows for postponing and rescheduling? Is that advisable

thank you all in advance.

[arken 4,197]

Hi, I am a US citizen and petitioned for my parents to get permanent residency. They are residents abroad (not in the country they are from, but a place with a US embassy) and we have opted for consular process.

Three (pretty loaded!) questions I would appreciate any insight on, and here's the background : they both hold valid b1 b2 visas that were issued before beginning with the I130 process. They typically travel to the US once a year for vacation and visit family. They would like to do the same this summer and even though we filed beginning of January have only just had the paperwork get to the NVC. Most likely they will not have an interview or get the green card before their desired travel date.

Questions:

1) can they travel to the US for a month or two with their visit visa while case is in process? Is there any risk of the immigration officer rejecting their entry or effecting their case if there is a presumption that they intend to immigrate even though that's not the case? Would it be helpful for them to take paperwork like leases bank statements, return ticket, and work documents showing proof they are going back?

While they can legally travel to US, the CBP has the authority to return them back if he believes they will not return back. You said NVC process has already started, in that case it's possibly a month or two left for the visa interview. I wouldn't be surprised if CBP doesn't believe that they plan to stay in the US for two months on a tourist visa, go right back for the interview and come back as immigrants. While the rejection doesn't hamper their immigrant visa, can't they wait a month or two and come to US permanently?

2) what is the typical process at this stage, the last thing we were able to do was file the i261 and pay the petitioner fee and it's been stuck at that point not letting me pay applicants fee yet. I have no lawyer or guidance and would just appreciate any insight on what happens next in the process and when I need to file the affidavit of support or anything else, and when past that should we expect an interview date to be set.

Within a week or two, you will possibly be asked to pay the visa application fees and provide the financial and civil documents. I guess its only a few months of wait for the visa interview.

3) if they do end up traveling to the US and the interview gets set at the country they reside in, during their time in US is it advisable they fly back immediately or is there a mechanism that allows for postponing and rescheduling? Is that advisable

Though not advisable, rescheduling is allowed. It's better to return back and prepare for interview including medical.

thank you all in advance.

Edited June 12, 2016 by arken

[tmk2503 0]

thanks so much for your support. the fact is, they will not be ready to move to the US immidietly after the interview either. they will need to settle affairs in the country they are at and it will be around 6 months or so before they move but they will be back and forth frequently during that time. this one to two month vacation is something they always do at this time and is not a matter of them wanting to spend more time in the US in anticipation of a quick move. they are intent on going back to the country for the interview and since they both have work obligations there to complete.