I 130 for my father

[Erwin Arrieta 0]

I am in the process of petitioning the green card for my father and my stepmother but my father is concern that his two sons (my stepbrothers) may lose their tourist visa (b1/b2) once my father’s green card is approved and will not be able to enter the States with him.  What is the best path forward in his situation? Thank you very much

[SalishSea 16,770]

1 hour ago, Erwin Arrieta said:

I am in the process of petitioning the green card for my father and my stepmother but my father is concern that his two sons (my stepbrothers) may lose their tourist visa (b1/b2) once my father’s green card is approved and will not be able to enter the States with him.  What is the best path forward in his situation? Thank you very much

Why would they be entering the states with him?

[Verrou 1,899]

Why does your father think that his sons will loose their tourist visa ? Its unrelated 

[SusieQQQ 11,584]

Both points above are valid. Their tourist visas are not dependent on him. And why would they go with him?

how old are they?

[Erwin Arrieta 0]

10 and 7 years old

[Lil bear 3,831]

3 minutes ago, Erwin Arrieta said:

10 and 7 years old

What are the plans for the children? . Unless they also have immigrant visas they cannot remain in the US. How/when are they returning to their home country ? 

[SusieQQQ 11,584]

8 minutes ago, Erwin Arrieta said:

10 and 7 years old

Well, and you’re sponsoring your stepmother/their mother too? Ok now your concern makes sense, given their age. So let me suggest this : you sponsor your father. Just your father. When your father gets his green card, he sponsors his wife, with the children as derivatives on the petition. This way your half siblings get immigrant visas too. 
No-one accompanies your father on his entry, at risk of being turned back.

Edited June 1, 2022 by SusieQQQ

[Erwin Arrieta 0]

Thank you all. My father is not in the United States and neither are my stepbrothers. Once his green card is approved he will move to the states and petition his kids. His concern is if they can visit him with their tourist visa until their pettition goes through. 

[carmel34 3,529]

1 hour ago, Erwin Arrieta said:

His concern is if they can visit him with their tourist visa until their pettition goes through. 

Yes they can visit for short periods of time with a valid tourist visa and then go back while waiting for an immigrant visa.  Entry to the US for non-citizens is always at the discretion of the CBP officer.  Sometimes having relatives in the US can prevent entry if the officer suspects that they will use the tourist visa to enter the US and stay which is illegal.

[SalishSea 16,770]

9 hours ago, Erwin Arrieta said:

Thank you all. My father is not in the United States and neither are my stepbrothers. Once his green card is approved he will move to the states and petition his kids. His concern is if they can visit him with their tourist visa until their pettition goes through. 

They cannot use those visas to live in the US while the petitions are being processed.   They cannot go to school here while on those visas.