Filing in the States or outside of the US?

[NYC waiting game 32]

Hi everyone, 

 

I am planning to bring my parents to the US and we are debating if they should visit and i130+i485 in the states or should we file i130+NVC?

 

We are worried because there seems to be a huge backlog in NVC that might delay everything. Surely it's a personal choice, but I would love to hear your thoughts. Thank you.

[Crazy Cat 41,981]

It is illegal visa fraud to enter the US as a visitor with the intent to stay and adjust status (I-130, I-485).  It isn't a personal choice.  You should file an I-130 for them and start the consular process.

Edited April 1, 2021 by Lucky Cat

[aaron2020 11,651]

It is visa fraud to enter the US on visitor visas with the intent to adjust status.  

File the I-130 and go through consular processing.  

[NYC waiting game 32]

Oh I did not know that! Good to know that's a fraud. 

 

But how come people come in with B visa and do adjustment of status? Was it not allowed? 

[Crazy Cat 41,981]

1 minute ago, NYC waiting game said:

Oh I did not know that! Good to know that's a fraud. 

 

But how come people come in with B visa and do adjustment of status? Was it not allowed? 

It is illegal to enter the US via a B2 visa with the intent to stay and adjust status.  The terms of service of VJ do not allow us to discuss it further.  

[mushroomspore 3,044]

17 minutes ago, NYC waiting game said:

Oh I did not know that! Good to know that's a fraud. 

 

But how come people come in with B visa and do adjustment of status? Was it not allowed? 

It's legal only under certain circumstances. Your situation does not fit that.

Edited April 1, 2021 by mushroomspore

[aaron2020 11,651]

38 minutes ago, NYC waiting game said:

Oh I did not know that! Good to know that's a fraud. 

 

But how come people come in with B visa and do adjustment of status? Was it not allowed? 

When people come into the US without the intention to immigrate and there's a change in circumstances, it's okay to adjust.

What you are doing is called preconceived intent because your parents are outside the US and you are contemplating having them enter the US on non-immigrant visitor visas with the intent to immigrant.  

[Ryan H 3,813]

***Under the below quoted provision of the TOS, this thread is now closed to additional comment; do not restart this thread or refer to it in any future discussion.***

 

By way of example, and not as a limitation, you agree that when using the Service, you will not:

• Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Edited April 1, 2021 by Ryan H