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Parents GC: Change of status from Consular Processing to Adjustment of Status

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  • Parents GC: Change of status from Consular Processing to Adjustment of Status

    Hello,

    My parents are in India right now and I want them to move to the US as soon as possible (and safe to travel). I understand that immigration is stopped right now for next 30-60 days. However, at this point I am trying to gather info and plan in the meantime. Please find more details about their current status and my questions below. Thanks!
    Current status:

    Passport Expiry Date: April 26th 2021

    Visa Expiry Date: Feb. 28th 2022

    Visa Type: B1/B2 - Tourist Visa

    Form I-130 - Applied October 2019

    Parent’s location at the time I130 was applied - India

    Parents currently in India.
    Main purpose:

    To get our parents to the US as soon as its safe to travel again.
    Questions:

    1. Can their application be changed from “Consular Processing” to “Adjustment of Status”, ie, Since they have valid B1/B2 tourist visa, when they legally enter US can we change their application type so that we can apply for Adjustment of Status along with the I130 that is already applied.
    2. OR, do we have to withdraw their I-130 and apply a new I-130 and I-485?
    3. Since their I-130 is in process, can they still enter the US? I have heard that if form I130 was applied (as Consular Processing) our parents might face issues during immigration at the port of entry.
    4. Can they renew their passport in the US? I have read that generally if you are on B1/B2 visas, you cannot renew your passports from the US, however there may be some exceptions.

  • #2
    1. No. B1/B2 is meant strictly for non-immigrant purposes. So entering the US using those visas with an explicit intent to immigrate constitutes misuse.
    2. No.
    3. Yes. Yes, it is true that there is increased scrutiny (and for the reasons you mentioned, i.e., people trying to enter and then immigrate), but it is neither impossible nor theoretically disallowed.
    4. No. They do not qualify for any exceptions.
    Just an opinion; Not legal advice.

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