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Old 10-17-2003, 08:33 AM   #2 (permalink)
Joachim Feise
 
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Default Re: Traveling on a tourist visa during I-130 processing (indian parents)

Gunjan Bhow wrote:
    >
    > I understand that I need to file the I-130 for each of my parents and
    > then they need to file an I-485 when they are called for an interview
    > in India.

No. You file I-130s, but only people present in the US can file I-485s.
The I-485 is called "Adjustment of Status", and foreigners only have a
status to adjust from while in the US by definition.
People present abroad get an immigrant visa from the consulate after the
interview.

    > me for a few weeks every year. They are also planning to arrive this
    > January (2004). If I file an I-130 for me right now, will their
    > ability to travel on a tourist visa be affected?

Yes. The visitor visa does not allow immigration intent, and an I-130
indicates that the person has immigration intent.

-Joe