Parents I-130 is approved and they are in India

[Ravi D]

We applied a I-130 for my parents and they they left to India for a family event. While they were there, I-130 got approved and haven't applied I-485. Are they safe to travel back to US in their B2 visa and we can start I-485 processing or do we have any issues at the port of entry?

[Attorney_10]

A B2 visitor visa requires non-immigrant intent, and an officer will deny a visitor’s entry into the United States upon learning of the individual’s intent to apply for adjustment of status upon arrival. Your parents can try re-entering the United States on their B2 visas, but must disclose to the officer at the port of entry that they are beneficiaries of approved I-130 petitions if asked. If your parents are unable to re-enter on their B2 visas, then they will need to apply for a green card via consular processing.

Alternatively, your parents can preemptively change their green card to consular processing, thereby negating an immigrant intent during their visits to the United States, and may be able to continue traveling on their B2 visas. Although the approved I-130 for consular processing must still be disclosed at each visit if they are asked.  

Every case is different. Therefore, prior to taking any specific action it is advisable to speak with an experienced U.S. immigration attorney as there are nuances to any situation and approach. https://www.murthy.com/client-services/hire-us/

[Bob_86]

Please advise, is I-824 used to change to Consular processing? How long does that take for the parents to get to the stage of getting VISA date ?

[Attorney_15]

After USCIS approves an I-824 for consular processing it must then go the National Visa Center for consular processing. It can run a long time.