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swapdude

I-130 for my dad living aboard

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Hi,

My father currently holds a US Visa for ten years and is in India. I am currently a US Citizen and want to file I-130 for my dad.

Can I file for his Greencard while he is in India and can he travel to the US on his tourist visa while the GC application is processing?

If he can, can I file for Adjustment of Status when he is in the US?

Regards,

Neel

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No, you cannot file AOS while he is here- using his tourist visa to come to the USA with the intention of staying/ immigration is visa fraud.

Yes, he can visit during the process for as long as his tourist visa allows, but he CANNOT work or live here.

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Hi,

My father currently holds a US Visa for ten years and is in India. I am currently a US Citizen and want to file I-130 for my dad.

Can I file for his Greencard while he is in India and can he travel to the US on his tourist visa while the GC application is processing? You can file while dad's overseas. He is allowed to visit, provided he intends to exit the US after his visit.

If he can, can I file for Adjustment of Status when he is in the US? No; as noted above, B2 entry with intent to AOS is immigration fraud.

Regards,

Neel

Edit: take a moment to update your Timeline to reflect since 2011 :time:

Edited by KierenHby

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Thanks for the update, totally makes sense. AOS is very confusing. Will he have any trouble getting in as a visitor though?

Maybe. Maybe not. No visa is guarantee of admission into the country. Each admission is at the discretion of the CBP officer on duty at the time of arrival at the border. Having immediate family members in the USA and a path to immigration does not help matters. That said, I visited my husband during my visa process without any problems. Does he have a good history of visiting and leaving on time? He needs to bring strong ties to India (proof of property ownership, job, financial commitments, etc) to convince the officer he will return to India at the end of his stay.

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He has an excellent travel history of visiting and back over 20 times over the years. In fact, he also had surrendered his GC once, since he wanted to focus on his business in India at that time. Hopefully, this builds a strong enough case for the CBP officer.

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