My parents were in USA on a B-2 I applied for their I-130 and I-485 within fthe irst month of their entry. I was later on told that I should have waitied for 60-90 days as it can be considered a fraud by USCIS if you are in USA and I-485 can be refused.
They left USA within the 6 months on B2 expiry, the application got denied due to some other reason but we decided to go through a counsler process in our country.
Will the final stage in CP at the Embassy be difficult?. Can they be told that they did fraud despite of the fact that they never persued the first process. We could have easily done the motion to reopen but we never did inorder to do CP.
By the way the first application was denied coz they wanted a birth certificate in a foreign language which we never had.
Please advise?
Full Version: B2 visa to immigration a fraud or not?
VisaJourney.com > General Family Based Immigration Topics > Bringing family members of US Citizens to America
QUOTE(IFI @ Nov 15 2007, 10:06 AM) 
My parents were in USA on a B-2 I applied for their I-130 and I-485 within fthe irst month of their entry. I was later on told that I should have waitied for 60-90 days as it can be considered a fraud by USCIS if you are in USA and I-485 can be refused.
They left USA within the 6 months on B2 expiry, the application got denied due to some other reason but we decided to go through a counsler process in our country.
Will the final stage in CP at the Embassy be difficult?. Can they be told that they did fraud despite of the fact that they never persued the first process. We could have easily done the motion to reopen but we never did inorder to do CP.
By the way the first application was denied coz they wanted a birth certificate in a foreign language which we never had.
Please advise?
They left USA within the 6 months on B2 expiry, the application got denied due to some other reason but we decided to go through a counsler process in our country.
Will the final stage in CP at the Embassy be difficult?. Can they be told that they did fraud despite of the fact that they never persued the first process. We could have easily done the motion to reopen but we never did inorder to do CP.
By the way the first application was denied coz they wanted a birth certificate in a foreign language which we never had.
Please advise?
Was the I-130 approved at all?
Why did they leave while the I-485 was pending? Once you file for AOS, the B-2 expiration date on the I-94 doesn't matter.
I don't think that you would have any problems with CP. However, you need to get that I-130 sorted in the US first.
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