visa

[prince 2]

Hello my parents have five yrs visitor visa for US. while filling for their I-130 is it better to file from home country or to file from US.

Is it possible that they travel to US as a visitor and then file for permanent resident because one of their children is US citizen.

thank you

[prince 2]

Hello my parents have five yrs visitor visa for US. while filling for their I-130 is it better to file from home country or to file from US.

Is it possible that they travel to US as a visitor and then file for permanent resident because one of their children is US citizen.

thank you

does any one knows about this ???

[michaillah07 2]

Hello my parents have five yrs visitor visa for US. while filling for their I-130 is it better to file from home country or to file from US.

Is it possible that they travel to US as a visitor and then file for permanent resident because one of their children is US citizen.

thank you

Yes and No. It depends on your parent's tourist visa. I believe all tourist visa holders cannot stay longer than 6 months in the country or else they will be charged for overstaying. I may be wrong so yes, your parents can adjust status while in the country by filing I-130 and I-485 concurrently, this is if your parents are allowed by their visitor visa to remain in the country for more than a year. As you know, the I-130+I-485 time line can take a year or more. However, if they are only allowed to remain in the country for 6 months or less, the possibility that a decision on their adjustment of status cannot be issued within 6 months. Check the timelines. You don't want to file adjustment of status and then your parents have to go back home because no decision on their case yet and you don't want them to overstay in the country to avoid penalty.

You said your parents have a US citizen son/daughter so why not just file the 130 now? It's a sure way and does not take that long rather than adjusting the status while on a visitor visa and not sure how it's gonna process. Just a thought and hope it helps.

Michaillah

[Brother Hesekiel 2,236]

Traveling to the United States on a non-immigrant visa, such as a visitor's visa (B2) with the intent to adjust status to an immigrant is visa fraud. If found guilty, a lifetime ban from the United States may be imposed. It is also possible that your parents will be asked at the U.S. airport -- the point of entry -- what the purpose of their visit is. If they lie, that would be misrepresentation which also carries a lifetime ban.

In short, it's not worth taking a huge risk when there's an easy way to accomplish the same. File for IR-5 visas for your parents and they will arrive as lawful permanent residents, without fear of problems, denial, a ban, and they also don't have to go through the expensive ordeal of Adjustment of Status.

[LADYDARE 28]

Traveling to the United States on a non-immigrant visa, such as a visitor's visa (B2) with the intent to adjust status to an immigrant is visa fraud. If found guilty, a lifetime ban from the United States may be imposed. It is also possible that your parents will be asked at the U.S. airport -- the point of entry -- what the purpose of their visit is. If they lie, that would be misrepresentation which also carries a lifetime ban.

In short, it's not worth taking a huge risk when there's an easy way to accomplish the same. File for IR-5 visas for your parents and they will arrive as lawful permanent residents, without fear of problems, denial, a ban, and they also don't have to go through the expensive ordeal of Adjustment of Status.