I-130 petition while holding a B1/B2 Visa?

[mnava]

My uncle USC would like to petition for his parents (my grandparents)...my grandfather currently has a B1/B2 visa which was given in 2000 and expires in 2010 .........anyway is it okay to submit an I-130 now even though he has this visa? If so can he still travel back and forth from Mexico to US?

Please share your thoughts.

Thanks.

[kitkat1]

It's totally fine to submit it. But keep in mind that he might be stopped at the border and not allowed in even with his visa. That's because an I-130 reflects immigrant intent and to use a tourist visa you have to have NON immigrant intent. He should be prepared to have a pile of evidence showing his ties to his country when he crosses (which he's probably not used to having to do).

[mnava]

kitkat do you think its better to wait until his visa expires to file the I-130? Because he has family here he come over to visit often.....

[kitkat1]

No there's really no relationship and no reason to wait.