Green Card (I-130) application for parents

[Gar9 5]

Green Card (I-130) application for parents - US Citizen sponsoring Parents' green card Hi ! ,

I am a US citizen. I want to file GC I-130 application for parents, who are presently in India and have 10 years US visitor visa. I want to file I-130 and I-485 (AOS) concurrently , when they are in US , on visitor visa . I look forward to advice from senior members on the following -

1.0 If their petitions are not approved during 6 months of permitted stay as per I-94, then can they extend their stay back in US ? How long ? Will they not be treated as illegal immigrants ?

2.0 Some opinions indicated that “ USCIS may deny the petitions coz if a visitor takes steps to become a lawful permanent resident after reaching USA, USCIS may perceive that to be contrary to the intent represented while obtaining the visitor visa earlier , and determine that the visitor has violated the terms of his or her stay , granted under visitor visa. “

Thanks in advance .

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[ceadsearc 515]

Unfortunately, it doesn't work that way. They can't come to the US with plans to adjust - adjusting from a tourist visa is for visitors who came without intent and their situation changed. You'll need to go the IR-5 route.

[Gar9 5]

Unfortunately, it doesn't work that way. They can't come to the US with plans to adjust - adjusting from a tourist visa is for visitors who came without intent and their situation changed. You'll need to go the IR-5 route.

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Hi 'ceadsearc' ,

Thanks for your reply . Just for my information , could you please let me know as to what could be the possible situations which might develope/change during stay in US on B1 visa , under this catagory i. e. (adjusting from a tourist visa is for visitors who came without intent and their situation changed.)

Thanks in advance .

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[NigeriaorBust 4,087]

It is against the terms of service to advise you to do something that is illegal. Using a tourist visa with the intent to stay is illegal and could cause trouble for you. Apply for the visa and let your parents use the visitors visa to visa while you wait. There really isn't any advantage to trying to illegally use the tourist visa to immigrat and so many potential issues. If they happen to be in the US when the petition is approved then you can worry about how to proceed.

[ceadsearc 515]

Nigeria made a great point. As for types of situations that sometimes arise, those are things like terrible medical problems or sudden civil unrest back home or something that would make it so a parent needed to stay. With parents there typically isn't a reason they'd need to stay.

Keep in mind they CAN visit while their application is pending.

[Gar9 5]

Nigeria made a great point. As for types of situations that sometimes arise, those are things like terrible medical problems or sudden civil unrest back home or something that would make it so a parent needed to stay. With parents there typically isn't a reason they'd need to stay.

Keep in mind they CAN visit while their application is pending.

Hi All ,

Thanks for your reply . Only legal and acceptable comments are welcome .

As parents are coming to US in the end of this month , please advise on the following points –

a) I-130 is filed before they arrive in US . Then they travel on B1 visitor visa and stay in US for 6 months , as per I-94 . If the I-130 is approved during this period , then they go back to India , as AOS (I-485) can not be filed in US , for the reasons explained above by you . Can they file AOS in India on return , without any interruption in the I-130 filing process ? Is it Okay ? Your suggestions please .

b) I understand , the visitor visa B1 will not be invalid after I-130 filing and can be used for travel to US, as many times as required , till GC is obtained – Please confirm .

Thanks in advance .

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[Penguin_ie 5,986]

a) they would not file AOS, they would file for a visa. The visa will give them the greencard as soon as they enter the USA with it.

b) correct.