I-130 Questions/timeline ?

[makica7 3]

Hello All, what is the current total processing time for I-130 for a parent from filing date to the issuance of the green card? Also does anybody know if parent can keep coming on the tourist visa they already have, while the immigrant application is pending, or will they return them at the airport??? Thanks a lot!

[Crazy Cat 39,871]

I'd say 12-24 months is average from filing to visa-in hand these days.  Yes, they can continue to visit, although every visit is subject CBP discretion.

[makica7 3]

2 hours ago, Lucky Cat said:

I'd say 12-24 months is average from filing to visa-in hand these days.  Yes, they can continue to visit, although every visit is subject CBP discretion.

thanks a lot, very helpful! Do you know what happens if I apply when my mom is already here (I-485)? Can she go back and forth or does she have to stay here the whole time? Does I-485 also take 12-24 months? 

[HRQX 4,145]

3 hours ago, makica7 said:

Also does anybody know if parent can keep coming on the tourist visa they already have

In which country are they currently in? If it's the US, in which country do they normally reside in?

[Chancy 6,233]

51 minutes ago, makica7 said:

Do you know what happens if I apply when my mom is already here (I-485)?

 

Are your parents in the US right now?

 

[makica7 3]

23 minutes ago, HRQX said:

In which country are they currently in? If it's the US, in which country do they normally reside in?

they are currently in Serbia where they reside. But have a tourist visa for USA already.

4 minutes ago, Chancy said:

 

Are your parents in the US right now?

 

They are not, they are in their home country but already have a US tourist visa from before

[Chancy 6,233]

1 minute ago, makica7 said:

they are currently in Serbia where they reside. But have a tourist visa for USA already.

 

Then filing I-485 is not an option for them.  As @Lucky Cat said, they can visit for short periods, but they'll need to return to Serbia to complete their IR5 visa process.

 

[HRQX 4,145]

1 hour ago, makica7 said:

(I-485)?

Preconceived intent to AOS from B-2 is illegal.

 

At POE, must be honest with the CBP officer and the officer will deny them entry as inadmissible for being intending immigrants without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).

6 minutes ago, makica7 said:

they are currently in Serbia where they reside. But have a tourist visa for USA already.

But they can still genuinely visit the US. Just make sure they fly directly from Belgrade to the US because if they transit through a transit airport in a restricted country then they'll be subject to the COVID ban. https://uk.usembassy.gov/visas/u-s-visa-and-travel-faqs/ "Transiting a country covered by the proclamation (including the UK), even without exiting the airport, counts as physical presence within that country and triggers the application of the proclamation."

 

They also need proof of a negative COVID-19 test or documentation of having recovered from COVID-19 when boarding the flight: https://www.cdc.gov/quarantine/fr-proof-negative-test.html

[makica7 3]

I just wanted to say- thank you all!