Traveling on a tourist visa during I-130 processing (indian parents)

10-17-2003, 06:39 AM

I am naturalized citizen of the US and had a question regarding
applying for permanent residency for my parents who live in India. I
live in the San Jose (California) area.

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. I also understand from various posts that the time between
the two steps could take anywhere from 9-15 months.

Therein lies my question. Both my parents, who are Indian citizens,
have a 10-year multiple-entry visa to the US, and have been visiting
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? Or they will simply
have to wait for the I-485 and cannot travel to the USA until that
happens?

Thanks in advance for help.

10-17-2003, 08:33 AM

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