Is Tourist visa expires during Greencard process...


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Hello,

I am US Citizen from last 8 years. My Father/Mother came 4 yrs ago on tourist visa (10 yrs Visa).

After staying with me for four months in USA we decided to file for GreenCard.

We did medical test and fill all forms (I-130 & I-485) and sent to INS and waited for processing.

Since we had filed the Green card application, we ***didn't*** file for Tourist Visa extension. (As I understand if you plan to stay for more then 6 months then you have to request for extension).

INS sent back I-485 packet saying that Priority date is not current. (I thought Parent of US citizen has priority date current). I think it was mistake by INS. Meanwhile parents lost the interest and decided to go back to home country for good.

Then after few months we got letter from INS saying Priority date is current, so file I-485. But we didn't respond.

Now Parents wants to come back to USA.

So I have following questions.

Q.1> Can they come back on their previous tourist visa or that Visa is expired because we started Green card process.

Q.2> Since they overstayed (62 days) can they come back or can they get new tourist visa.

Q.3> Tourist visa is for people with intention to come back to home country but they had shown interest for Green card. So can they still come or get any visa.

Sincerely,

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