Applying I130 for father in India who has 10 yr B2

[nst2334 0]

My brother is a U.S citizen. He wants to apply GC for my father who is in India currently. My father does not want to spend a lot of time in the U.S as we have a house and some land in India. So we are thinking to do consular processing and apply for I130 now. So that my father can be there for one more year and then go to the embassy and enter the US on green card.

My father has 10 year multiple entry B2 visa till 2023. He has been in the US 2 times for 3 months each.

This is my concern. I am reading some articles like the one below. Will it be considered a visa fraud that he has already entered the US 2 times on a tourist visa? Or is this specific for people who are currently here? Can somebody please explain the rule for me?

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'mengo76', on 10 Jun 2012 - 4:19 PM, said:
Item C.22: Adjustment of status if relative is in the US: He currently has a tourist visa and has been here twice already, and already has tickets to come in August. Should we wait to file this form when he comes and get adjustment of status? How long does that take? Is it legal to do that with a tourist visa? I once heard (when I was preparing to file for my wife) that it is considered "visa fraud" because the person came into the US with "intent to immigrate" using a non-immigrant visa... If that's true, I don't understand under which circumstances you would be in the US and be eligible for this process.

It's called preconceived intent, and yes - it's illegal. The circumstances where someone would be eligible for this is if they entered with a non-immigrant visa that specifically allows for immigrant intent, such as a K1, K3, or H1B, or if their circumstances changed after arriving in the US and it would be needlessly bureaucratic to force them to return to their home country for an immigrant visa interview.

In reality, USCIS can't deny adjustment of status solely on the basis of preconceived intent, but it does cause them to look more carefully for a reason to deny. Since adjustment of status is a discretionary benefit it's best not to take the risk.

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[NigeriaorBust 4,087]

What is illegal would be for your father to gather up his stuff and enter the US using his b2 and intending to not leave ( having you file for him to stay )

[NewBrunswicker 19]

My brother is a U.S citizen. He wants to apply GC for my father who is in India currently. My father does not want to spend a lot of time in the U.S as we have a house and some land in India. So we are thinking to do consular processing and apply for I130 now. So that my father can be there for one more year and then go to the embassy and enter the US on green card.

My father has 10 year multiple entry B2 visa till 2023. He has been in the US 2 times for 3 months each.

This is my concern. I am reading some articles like the one below. Will it be considered a visa fraud that he has already entered the US 2 times on a tourist visa? Or is this specific for people who are currently here? Can somebody please explain the rule for me?

What I am understanding is that your dad does not want to be in the United States.

[nst2334 0]

What is illegal would be for your father to gather up his stuff and enter the US using his b2 and intending to not leave ( having you file for him to stay )

But if we want to file while he is here, we do 130 and 485 concurrently, correct? For that he has to enter in B2.

How will we differentiate that versus an illegal entry?

What I am understanding is that your dad does not want to be in the United States.

Honestly, that is true. But he is getting old, my mom passed away. So we are forcing him to come. There are not many people who are around who can take care of him.

[Merrytooth 5,748]

But if we want to file while he is here, we do 130 and 485 concurrently, correct? For that he has to enter in B2.

How will we differentiate that versus an illegal entry?

Honestly, that is true. But he is getting old, my mom passed away. So we are forcing him to come. There are not many people who are around who can take care of him.

Have your father tell the CBP officer honestly that he is entering US to apply for green card. The officer will act accordingly.

[nst2334 0]

Have your father tell the CBP officer honestly that he is entering US to apply for green card. The officer will act accordingly.

He is not going to enter the US on B2. We are planning to consular processing for him. So he will be in India and once I130 is approved, he will be called to a consulate. Then they will issue the green card and he will be entering with the GC.

That's the plan.

My question is whether this application for I130 will be rejected because my dad has come to the US 2 times on B2.

[NigeriaorBust 4,087]

You know that if your father has a green card he has to stay here more than be in India ?

[Merrytooth 5,748]

My question is whether this application for I130 will be rejected because my dad has come to the US 2 times on B2.

It is a non issue to visit US on B2 visa when applying for I-130.

[Unlockable 7,306]

You have to understand that once your father gets his GC he can't be living in India and using the GC for visiting. If so, he could lose his GC.