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Immigration Issues/Traveling to US on visitor visa with approved I-130

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QUESTION: Hello,
My parents have an approved I-130 (thru family sponsorship by my sister). They are planning to come to US next month. So, I wanted to know if they will face any problems while entering US? They will be traveling on their multiple entry visitor visa (they have been to the US before on several occasions).

They are traveling in 2 weeks, so I would greatly appreciate a quick answer. Also, could you point us to a website that gives clear instructions on what documents they need to carry with them.

Thanks,
jyoti

ANSWER: Jyoti:
An immigrant petition filed on their behalf will indicate an immigrant intent by the officers at the port of entry.If questioned they can state the reasons for their visit and that they do not intend to immigrate. And if they are parents of US citizen and eligible to file for their adjustment of status, they could also claim that in the past they returned home despite this and if they do intend to immigrate in the future they intend to consular process.

In these situations there is always a possibility that the officers may deny entry. But since they have come to the US on several occasions, there is good possibility that they will have not face any further scrutiny.
You can check the tourist visa section at www.uscis.gov or www.state.gov for details.

Good luck.

Sincerely,
Ramasamy Krishnan
Ashley & Krishnan
9801 Westheimer
Suite 302
Houston, TX 77042
www.ashleykrishnan.com


---------- FOLLOW-UP ----------

QUESTION: Hello,
Thanks for the quick response. I was thinking of cancelling I-130 for my parents and planning to apply (I130 $ 485)together when they come to USA. My questions are-

Q)Will they be allowed to enter USA if they show all the papers that prove that they have cancelled their I-130?

Q2)Will there be any problem in applying for fresh I-130 after it has been cancelled?

Q3)I have heard that (advance parole) helps people go back to their country while their Green Card is in process in USA, therefore can we apply for advance parole with I130 $ 485.

Q4)If yes, how long does it take for an advance parole to come?

I would greatly appreciate your help and response to the above questions.

Thanks in advance,
Jyoti

Answer
Jyoti:
Canceling the I-130 is not a good idea. I suggest that you contact an attorney to provide you answers to these complex questions.

Best of luck.

Sincerely,
Ramasamy Krishnan
Attorney at Law
Ashley & Krishnan
9801 Westheimer
Suite 302
Houston, TX 77042
www.ashleykrishnan.com  

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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