Q: I-130 approved after leaving USA on tourist visa. can I come back as visitor and apply I-485?
I am petitioner for parent's I-130. He came on visitor visa .It got approved after he left US. He is coming back in July on existing visitor visa. Can I then apply for his I-485? Do I need to do anything additional since he left US in between.
A:
Visitors are required to have no intent to remain permanently in the US. The process would probably go much smoother if he applies do an immigrant visa abroad.
Carl Shusterman
www.shusterman.com
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