Does my father have to move after I processed the sponsorship for him? 8 Answers as of December 17, 2013

My 86 yr old father is worried that if I begin (and complete) the sponsorship process for him via form I-130 then he will have to move to the states if he is approved. I am sure this is not correct but would love to hear it from a legal expert so I can verify it for him. Thank you

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
What is the point of you filing for him through the I-130 if he is not planning to immigrate to the US? He would be expected to complete the visa process and immigrate if the petition is approved. If he does not, he will essentially terminate the process with no benefit.
Answer Applies to: California
Replied: 12/17/2013
The Law Offices of Mary Lyn T. Sanga, A Professional Corporation | Mary Lyn Tanawan Sanga
The purpose of I-130 petition is to give your father permanent residence status. Once the petition is approved and his visa is granted, he must come to the United States to live here; otherwise he will forfeit the visa or lose the status.
Answer Applies to: California
Replied: 12/17/2013
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
You are applying for him to come to the US and be a permanent resident. A permanent resident must live at least half of each year in the US.
Answer Applies to: Nevada
Replied: 12/17/2013
Ben T. Liu Law Office
Ben T. Liu Law Office | Ben T. Liu
He does not have to complete the process to apply for a visa to immigrate to the US after the I-130 is approved.
Answer Applies to: Michigan
Replied: 12/17/2013
Alena Shautsova
Alena Shautsova | Alena Shautsova
Your father is correct. If he does not move, he will lose his green card. There are certain things he can do, like applying for a returning resident permit.
Answer Applies to: New York
Replied: 12/17/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    He will either need to immigrate to the U.S. or ignore the visa. The whole point of the I-130 is to allow a family member to immigrate to the U.S. so that he/she can be a permanent resident. If he dies not want to live in the U.S., it does not make sense to petition for him.
    Answer Applies to: New York
    Replied: 12/17/2013
    Theresa E. Tilton, Attorney at Law
    Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
    Your father will not have to move to the USA if your I-130 for him is approved. However, there is no reason for you to request an immigrant visa for your father is he has no intention of living here. There are other visa categories for visitors.
    Answer Applies to: Washington
    Replied: 12/17/2013
    Lana Kurilova Rich PLLC
    Lana Kurilova Rich PLLC | Lana Kurilova Rich
    Well, I-130 is your sponsorship for an immigrant visa, so essentially, you are telling immigration that your father wishes to move to the US. He will get his green card and from there, he will need to show that his home is in the US now. So in essence, your father is correct. He would need a tourist visa to come and visit you here once in a while.
    Answer Applies to: Washington
    Replied: 12/17/2013
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