130 for Parents -Travel

[namnam 0]

Hello, what is the current total processing time for I-130 for a parent from filing date to the issuance of the green card?  They are outside USA right now. Can they still come to USA in tourist visa while their application is being processed? Thanks a lot!

[Crazy Cat 44,824]

1-2 years is a reasonable estimate....maybe even longer based on their home country.  Visiting the US is allowed during the process...at the discretion of CBP upon arrival at the border. 

[HRQX 4,146]

2 hours ago, namnam said:

They are outside USA right now.

In which country do they reside in?

[namnam 0]

They are in Nepal now. Do they need to submit form 131 advance parole for travel documents?

[HRQX 4,146]

19 minutes ago, namnam said:

They are in Nepal now.

Ok, then they'll interview for IR-5 visas in Nepal.

 

When visiting with B-1/B-2 visas they must avoid transiting though airports in restricted countries:

• 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."
• https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/covid-19-travel-restrictions-and-exceptions.html "To protect the public health, there are four presidential proclamations that suspend entry into the United States of all noncitizens who were physically present in any of 33 countries during the 14-day period preceding their entry or attempted entry into the United States. They are Presidential Proclamation 9984 (China); Presidential Proclamation 9992 (Iran);  Presidential Proclamation 10143 (Schengen Area, United Kingdom, Ireland, Brazil, and South Africa); and Presidential Proclamation 10199 (India)."

19 minutes ago, namnam said:

Do they need to submit form 131 advance parole for travel documents?

No, they will not do anything in relation to Adjustment of Status; preconceived intent to AOS from B-2 is illegal. At POE, they must be honest with the CBP officer and the officer will deny them entry as inadmissible for being an intending immigrants without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).

Edited August 12, 2021 by HRQX

[namnam 0]

Thank you.

[SalishSea 18,490]

16 hours ago, namnam said:

They are in Nepal now. Do they need to submit form 131 advance parole for travel documents?

If you are intending to attempt to bypass the queue for an immigrant visa by bringing them on a B visa to adjust, that is fraud that could get them permanently barred from the US.

[namnam 0]

No definitely not bypassing. Just wanted to see if they could come to see my baby during processing time. We will wait until they get approved.

Edited August 12, 2021 by namnam