Filing GC for parents from India when they're in US on tourist visa


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Hello,

  I'm planning to file GC (I-130) for my father from India i.e. filing center will be New Delhi. He is currently visiting me in USA right now on tourist visa. He won't be adjusting status so I-485 will NOT be filed. He plans to return to India in about a month.

He is within the 6 months period of tourist visa in US and has never overstayed/ no problems ever on tourist visa.

My questions is: Can I file GC (I-130) for him from India while he is in USA?

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  • 5 months later...
20 hours ago, king.nag said:

any advice on concurrent filing for parents when they are in USA. planning to file i-130 and i-485 at the same time 

Assuming they entered on a tourist visa, they must've had a return ticket. They use that return ticket to exit the US, and await IR5 processing in India, and interview in Mumbai. 

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