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Recording of Free Community Conference Call (Every Other Thursday), 28 July 2016
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Discussion Topics, Thursday, 28 July 2016:
FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.
Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.
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I-130 for parent: Visitor visa travel during pending I-130, any changes under Trump
Question details
I am a US citizen. I am planning to file an I-130 in January 2025 for my mom, who is currently residing in India. She plans to visit us in July 2025 (on her visitor visa, valid until Feb 2026). Can she travel to the US while the I-130 has been filed and is pending? What additional preparation/papers would she need if this is an issue? I have heard cases of denied entries in similar cases. I thought of postponing the I-130 until after her US visit next year, but I fear the process may slow down under the new administration. Please advise what would be the right thing to do since we would like for her to visit us in 2025.
FAQ Transcript
If you are filing an I-130 for your parent, they can generally travel to the U.S. on a visitor visa while the petition is pending. Theoretically, they could face issues at entry due to the pending green card application, but in practice, parents of U.S. citizens are rarely stopped for this reason.
To reduce the risk of being denied entry, consider having your parent use an immigration pre-clearance airport, like Abu Dhabi or Dublin, so they can return home easily if denied. While past practices suggest minimal issues, policies could change, especially under unpredictable administrations.