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scabbage29

Should I file I-485 for my parents?

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Filed: Timeline

Here is my situation:

- I became a USC in March.

- Both of my parents are outside of the country.

Now I would like to start a GC process for my parents. Seemed that I have two options:

1. File for I-130 while my parents wait outside of the country.

2. Have my parents apply for a traveling visa to enter the country. Then apply for I-130/I-485.

My questions are:

1. Which process makes more sense to me? (less time, less cost, fewer procedures, etc)

2. My parents had a plan to do some traveling in the US in the next few months. Should they postpone that plan till the GC process is done?

Thanks.

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#2 is not an option as it would be visa fraud, since you would be planning to have your parents immigrate on a nonimmigrant visa.


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Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
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I agree. The second choice is cut and dry fraud so please do not attempt. They can apply for a tourist visa, but only if they will be tourists and return home at the end of their stay.

They cannot use this to immigrate because getting a nonimmigrant visa for the purposes of immigrating is immigration fraud and if caught, would affect their possibility of ever becoming LPR's.

You can file the I-130 and they would apply for an immigrant visa abroad when the time comes. That visa would allow them to enter the US as LPR's.


This does not constitute legal advice.

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Filed: Other Country: Russia
Timeline

Here is my situation:

- I became a USC in March.

- Both of my parents are outside of the country.

Now I would like to start a GC process for my parents. Seemed that I have two options:

1. File for I-130 while my parents wait outside of the country.

2. Have my parents apply for a traveling visa to enter the country. Then apply for I-130/I-485.

My questions are:

1. Which process makes more sense to me? (less time, less cost, fewer procedures, etc)

2. My parents had a plan to do some traveling in the US in the next few months. Should they postpone that plan till the GC process is done?

Thanks.

To add to what has already been posted, a finding of fraud or material misrepresentation would make your parents inadmissible in any catgory. They would not be able to immigrate or visit.

Once you file an I-130, your parents will be considered to have immigrant intent and would likely have difficulty entering with a visitors visa. If they intend to visit I would recommend you do not file the I-130.

In the past, people sometimes chose to file the I-130 for consular processing while their parents were still here visiting. This is an acceptable option as long as they intend to return home. Just make sure to be aware of the current processing times so that they will be back in their home country in time for their interviews.

Edited by Dakine10

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Filed: Timeline

Thanks for all the replies. I will proceed with option 1 then.

Just by looking at the checklist of things to submit, this application does not seem particularly complex. Do most of you do this by yourself or hire an attorney? And how long will the entire process take?

Thanks.

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It only looks hard when you take it all in at once and are only new to the process. When you read up on how the process works and everything that's involved and when you familiarize yourself with all of the immigration jargon, then you will find it more easier.

These forms are designed to be filled out by anyone with an average education, but sometimes people get anxious and would prefer to pay someone to do it. Trust me when I say that this isn't as complicated as doing your own taxes, now that is scary.


This does not constitute legal advice.

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