Visit to U.S.A while family based greencard is in process

[sanjaysinha84 1]

My US citizen sister is going to file for my father and mother's greencard under the family based greencard category in December 2021.Both my father and mother are citizens of India and they both have valid U.S visitor visas valid until June 2027.In this case, can they visit my sister in U.S.A in March 2022 while their family-based greencard petition filed by my sister is still in process?If they can visit U.S.A while their greencard petition is in process, and lets say if my parents receive the good news of their greencard approval while in U.S.A and they apply for adjustment of status, can they visit me in Canada while their petition is still in process? I am a Canadian permanent resident living in province of British Columbia in Canada, thanks.

[aaron2020 11,651]

Your parents will not get green card approvals while in the US with I-130s filed in Dec. 2021.  They would get visa interviews in India where they would get immigrant visas.  They would only get green cards in the US after successfully adjusting status. 

 

Furthermore, it's illegal to enter the US with non-immigrant tourist visas with the intent to adjust status.  

If they adjust status, they would need to get AP in order to leave the US without abandoning their adjustments.  AP is taking 6-8 months.  

If you want your parents to visit you, then they should not attempt to adjust status in the US.  

Edited October 11, 2021 by aaron2020

[sanjaysinha84 1]

Thank you so much for your detailed response! In this case, if my parents decide to only visit U.S.A after the family based greencard petition filed by my sister is approved after completing their visa interviews in India, may I know how long does USCIS normally take to approve a family based greencard petition wherein the parent of US citizens are citizens of India ?

Edited October 12, 2021 by sanjaysinha84

[aaron2020 11,651]

3 minutes ago, sanjaysinha84 said:

Thank you so much for your detailed response! In this case, if my parents decide to only visit U.S.A after the family based greencard petition filed by my sister is approved, may I know how long does USCIS normally take to approve a family based greencard petition wherein the parent of US citizens are citizens of India?

Why does your parents want to wait until the I-130s are approved before visiting?  They have visitor visas so they can visit at any time.  

It takes USCIS about 6-12 months on average to approve an I-130 for a parent.  Doesn't matter which countries the parent is from.  

 

The problem is trying to adjust status instead of completing consular processing for immigration visas in India.   Adjusting status creates two problems, 1) it's illegal to enter the US with visitor visas with the intent to adjust status, and 2) they will abandon their AOS if they leave the US without AP which takes 6-8 months to get.  

Edited October 12, 2021 by aaron2020