I-130 PENDING BUT NEED TO TRAVEL OUT OF THE COUNTRY

[George Tora 0]

My parents are in the US visiting since December. They both have a valid 5 year visa. I intend to apply for them green cards. I recently filed I-130 on their behalf (acknowledged, but not approved yet). Recently, somethings happened back home in Kenya that requires my parents to go back home. My question is, will my parents be able to travel to Kenya and be able to travel back to the US on their issued visa with the I-130 pending? Is there any forms I need to fill to enable them travel?

[Redro 4,611]

5 minutes ago, George Tora said:

My parents are in the US visiting since December. They both have a valid 5 year visa. I intend to apply for them green cards. I recently filed I-130 on their behalf (acknowledged, but not approved yet). Recently, somethings happened back home in Kenya that requires my parents to go back home. My question is, will my parents be able to travel to Kenya and be able to travel back to the US on their issued visa with the I-130 pending? Is there any forms I need to fill to enable them travel?

What other forms did you file with the I-130?

 

[Crazy Cat 41,980]

A pending I-130, in itself, will not prohibit them from entering the US.  Of course, their visit will be at the discretion of CBP at the border.

 

They cannot enter the US as visitors with the intent to stay and adjust status.   

Edited April 14, 2022 by Crazy Cat

[Timona 4,207]

13 minutes ago, George Tora said:

My parents are in the US visiting since December. They both have a valid 5 year visa. I intend to apply for them green cards. I recently filed I-130 on their behalf (acknowledged, but not approved yet). Recently, somethings happened back home in Kenya that requires my parents to go back home. My question is, will my parents be able to travel to Kenya and be able to travel back to the US on their issued visa with the I-130 pending? Is there any forms I need to fill to enable them travel?

 

Travel back immediately? That seems like they want to stay in US and if they do that, my bet is they won't be allowed in. They've already shown immigration intent. So, unless they have AP or don't mind starting a fresh in Nairobi, I'll stay tight because if they leave, my bet is they won't be allowed back in on that round trip. 

 

Are you a USC?

 

7 minutes ago, Crazy Cat said:

A pending I-130 will not prohibit them from entering the US.  Of course, their visit will be at the discretion of CBP at the border.

 

They cannot enter the US as visitors with the intent to stay and adjust status. 

 

They are already in the US. 

 

They want to go back to Kenya and come back to US. 

Edited April 14, 2022 by Timona

[George Tora 0]

10 minutes ago, Kor2USA said:

What other forms did you file with the I-130?

 

Just I-130

[SalishSea 17,928]

16 minutes ago, George Tora said:

My parents are in the US visiting since December. They both have a valid 5 year visa. I intend to apply for them green cards. I recently filed I-130 on their behalf (acknowledged, but not approved yet). Recently, somethings happened back home in Kenya that requires my parents to go back home. My question is, will my parents be able to travel to Kenya and be able to travel back to the US on their issued visa with the I-130 pending? Is there any forms I need to fill to enable them travel?

They cannot travel back to adjust status.  They can only visit.  They will need to have visa interviews at the consulate.

[George Tora 0]

7 minutes ago, Timona said:

 

Travel back immediately? That seems like they want to stay in US and if they do that, my bet is they won't be allowed in. 

 

Are you a USC?

 

 

They are already in the US. 

 

They want to go back to Kenya and come back to US. 

Yes

[George Tora 0]

13 minutes ago, Kor2USA said:

What other forms did you file with the I-130?

 

I only filed I-130

[Timona 4,207]

1 minute ago, George Tora said:

Yes

 

Either sit tight till AP or start afresh in Nairobi. Their choice. 

 

You should have done concurrent filing since they're already here. Why just I-130? Guides are on top right. 

[Redro 4,611]

Just now, George Tora said:

Just I-130

Your parents can and should return home before their I-94s expire.

My opinion on visiting again:

As they have tourist visas they are allowed to visit you again while the I-130 is pending but their entry is at the discretion of CBP. 

Because they have been in the US since December they should stay in Kenya for at least double the amount of time they were in the US before attempting to visit again and their next visit should be short... 2-3 weeks max. 

 

[Rocio0010 5,579]

18 minutes ago, George Tora said:

My parents are in the US visiting since December. They both have a valid 5 year visa. I intend to apply for them green cards. I recently filed I-130 on their behalf (acknowledged, but not approved yet). Recently, somethings happened back home in Kenya that requires my parents to go back home. My question is, will my parents be able to travel to Kenya and be able to travel back to the US on their issued visa with the I-130 pending? Is there any forms I need to fill to enable them travel?

Am I-130 itself does not grant any immigration benefit. It just establishes the relationship between petitioner and beneficiary. 
If they leave without applying for the I-485 and advanced parole, they will have to start over from Kenya. 
Coming back to the US with the intention of adjusting status is fraud.

[George Tora 0]

1 minute ago, Rocio0010 said:

Am I-130 itself does not grant any immigration benefit. It just establishes the relationship between petitioner and beneficiary. 
If they leave without applying for the I-485 and advanced parole, they will have to start over from Kenya. 
Coming back to the US with the intention of adjusting status is fraud.

Thanks, but will they be able to travel back with their already issued visas, or by filing I-130 invalidates the visas? Thanks for your insight

[Redro 4,611]

13 minutes ago, George Tora said:

Thanks, but will they be able to travel back with their already issued visas, or by filing I-130 invalidates the visas? Thanks for your insight

They might be able to visit you again. When do they want to leave the US and when are they thinking of returning to the US? 

Filing the I-130 alone while they are in the US does not allow them to stay longer than their I-94s permit. So, they should leave before that expires. 

[SalishSea 17,928]

42 minutes ago, George Tora said:

Is there any forms I need to fill to enable them travel?

This question makes it seem like you don't realize that they are only here as visitors.   Why would they need to fill out forms to travel out of the US, having visited?

[Rocio0010 5,579]

28 minutes ago, George Tora said:

Thanks, but will they be able to travel back with their already issued visas, or by filing I-130 invalidates the visas? Thanks for your insight

I think you’re missing the point.

No, an i-130 does not invalidate their visas. But you’re at the discretion of the officer because you’ve established immigrant intent, which is conflicting with a B1 B2.

but most importantly, entering the US with as a tourist with the intention to adjust status is fraud.