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  1. #1

    Default B-2 Visa vs Green Card Application

    I am a permanent residents who lives in Virginia. My parents have visited the US for 3 time previously on B-2 visa. I will be applying for a US citizenship this October and then file for GC application for my parents immediately. I have several questions:

    1) If I got my citizenship and filed 1-130 for my parents in January 2007, can they still apply for B-2 visa to come and visit US after that? I was told that B-2 is non-immigrant visa and a GC application will make them ineligible for B-2 visa. If they cannot get B-2 visas, how else can they still enter the US when I-130 is pending?

    2) If my parents get B-2 visa (1 year, multiple entry) before January 2007, can they enter US with B-2 visa while 1-130 is pending?

    3) If my parents get B-2 visa (1 year, multiple entry) before January 2007 and entered before my citizenship, do I still need to fill form 1-130 for them since they are already in the US? Can I file 1-485 directly?

    4) Continue on with Question 3 above, if 485 was not approved before their B-2 stay expired (6 month), will they be out of status and therefore affect their greencard application?

    Thank you so very much for the help.

    Karen

  2. #2
    Join Date
    Sep 2005
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    Default Re: B-2 visa Vs GC application

    I've heard of cases where the applicant was given permission to enter the U.S. while the petition for permanent residency was pending, but it's something you would have to be very careful about. It's probably best to either have them visit then submit the application, or to consult an immigration lawyer and come up with a plan that would allow them to lawfully visit without their application for permanent residency being deemed waived.

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