I130 AOS option chosen but parents left to India


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Hi,

In Dec 2023 I applied for my parents' I130 while they were visiting us. At that time I chose the AOS option in the application but didn't apply for AOS since I130 was still pending. My parents left for India after their 6 months stay ended.

Can I change the AOS to Consular processing? If so what is the procedure?

If I don't convert to consular processing, can I resume filing AOS when they visit again? Will there be immigration issues when they try to visit us again?

Any help is greatly appreciated.

Thanks

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On 5/26/2024 at 8:59 PM, ssr12 said:

but didn't apply for AOS since I130 was still pending

You know that they could apply for AOS together with I-130, or while I-130 was pending, right?

  

On 5/26/2024 at 8:59 PM, ssr12 said:

Can I change the AOS to Consular processing? If so what is the procedure?

It depends on whether the I-130 is approved. If the I-130 is still pending, you can contact USCIS to change it. If the I-130 is approved, you have to file I-824 for USCIS to send it to NVC.

  

On 5/26/2024 at 8:59 PM, ssr12 said:

If I don't convert to consular processing, can I resume filing AOS when they visit again? Will there be immigration issues when they try to visit us again?

For most types of nonimmigrant visas (except H or L work visas), they should not enter the US with preconceived intent to file AOS during that stay.

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