Petition to Parents, Form I 130

[Rlyn76 1]

May 14, 2019 I filed a form I 130 for my parents. September 28, 2019, my parents visa has been approved. How long will it take for my parents to be in US after their visa get approved? (If everything goes well and in smooth process)

[Just Paul 4,591]

Are you a US Citizen?  IR-5 gets sent to the NVC and that can take a few months.  Then off to the consulate, again typically a few months.

[millefleur 5,035]

**Moved from Tourist Visas to Bringing Family Members of US Citizens to America**

[Princeani 4]

I'm just wondering if I can start petition for my mom while she is here in the USA. She has a valid visitor visa.

[USS_Voyager 1,971]

20 minutes ago, Princeani said:

I'm just wondering if I can start petition for my mom while she is here in the USA. She has a valid visitor visa.

So she is currently in the US right now? If yes, and you're a US citizen, you can apply the I-130 and AOS at the same time.

[Princeani 4]

Just now, USS_Voyager said:

So she is currently in the US right now? If yes, and you're a US citizen, you can apply the I-130 and AOS at the same time.

Thank you so much !! 

[Vabsmith 46]

On 10/17/2019 at 6:31 AM, USS_Voyager said:

So she is currently in the US right now? If yes, and you're a US citizen, you can apply the I-130 and AOS at the same time.

In such a situation how can the parents travel back to home country after filing the AOS and I-130? Do they need to file for advance parole?

[USS_Voyager 1,971]

2 minutes ago, Vabsmith said:

In such a situation how can the parents travel back to home country after filing the AOS and I-130? Do they need to file for advance parole?

Yes, they need to file for Advanced Parole and not leave until they have AP. Leaving before AP is approved will be deemed abandonment of the AOS.

[Vabsmith 46]

Just now, USS_Voyager said:

Yes, they need to file for Advanced Parole and not leave until they have AP. Leaving before AP is approved will be deemed abandonment of the AOS.

Thanks! If the parents are only going to visit for say a couple of months and plan to return back to home country while the green card application is in process then  is it preferred to not file the AOS and only file the I-130? I guess that is how I understand it... am I right?

 

[USS_Voyager 1,971]

1 minute ago, Vabsmith said:

Thanks! If the parents are only going to visit for say a couple of months and plan to return back to home country while the green card application is in process then  is it preferred to not file the AOS and only file the I-130? I guess that is how I understand it... am I right?

 

Yes. The I-130 can be filed at any time. Then if the beneficiary is in the US at that time and wished to adjust status within the US, file the I-485. If not, do consular processing. 

 

Note: It is considered immigration fraud if you enter the US on a non-immigrant visa like a B1/B2 with the pre-conceived intent to adjust status via the I-485, to circumvent consular processing. 

[Vabsmith 46]

13 minutes ago, USS_Voyager said:

Yes. The I-130 can be filed at any time. Then if the beneficiary is in the US at that time and wished to adjust status within the US, file the I-485. If not, do consular processing. 

 

Note: It is considered immigration fraud if you enter the US on a non-immigrant visa like a B1/B2 with the pre-conceived intent to adjust status via the I-485, to circumvent consular processing. 

Ok I see. SO the I-130 and AOS applications are two different applications and can be filed separately.... thanks.

Just for the argument sake ... how can the pre-concieved intent be proven? I guess this is up to the interview officer to find out...?

[USS_Voyager 1,971]

5 minutes ago, Vabsmith said:

how can the pre-concieved intent be proven?

It is hard to prove. However, the other aspect of it is, CBP has the authority to deny anybody (except US citizens) to enter the US, so if your parents show up on a B1/B2 with 16 suitcases containing all of their worldly possessions, they can deny entry. CBP can ask to see cell phones, text messages, emails, and if they find evidence that the purpose of the trip is anything than a short visit, they can issue an expedited removal order. 

[Vabsmith 46]

33 minutes ago, USS_Voyager said:

It is hard to prove. However, the other aspect of it is, CBP has the authority to deny anybody (except US citizens) to enter the US, so if your parents show up on a B1/B2 with 16 suitcases containing all of their worldly possessions, they can deny entry. CBP can ask to see cell phones, text messages, emails, and if they find evidence that the purpose of the trip is anything than a short visit, they can issue an expedited removal order. 

 

33 minutes ago, USS_Voyager said:

It is hard to prove. However, the other aspect of it is, CBP has the authority to deny anybody (except US citizens) to enter the US, so if your parents show up on a B1/B2 with 16 suitcases containing all of their worldly possessions, they can deny entry. CBP can ask to see cell phones, text messages, emails, and if they find evidence that the purpose of the trip is anything than a short visit, they can issue an expedited removal order. 

Got it! Thank you.

[Vabsmith 46]

57 minutes ago, USS_Voyager said:

It is hard to prove. However, the other aspect of it is, CBP has the authority to deny anybody (except US citizens) to enter the US, so if your parents show up on a B1/B2 with 16 suitcases containing all of their worldly possessions, they can deny entry. CBP can ask to see cell phones, text messages, emails, and if they find evidence that the purpose of the trip is anything than a short visit, they can issue an expedited removal order. 

On a separate topic where I can research about getting health insurance for parents ( one is less than 65 and other more than65 yo) once they  come over to usa as immigrant? I was under the impression that after the age of 65 there might be a medicare benefit that kicks in?

[belinda63 2,981]

Medicare is a benefit that is earned by being paid into as you work. It takes a certain number of quarters of eligible work in the US to obtain Medicare benefits. It is highly unlikely either parent will qualify. After they have been LPRs for five years they can buy into Medicare. In the meantime you will need to provide health insurance through a private insurer or from the market place but they do not qualify for the subsidy.