Dilemma on whether to apply AOS for my parents

[lucy23shirley 2]

Hi,

 

I'm a US citizen and had a baby last year. My parents came to visit me and the baby in October. Originally they planned to go back in February/March and visit us again later this year. 

 

However, they were pulled into the secondary interview room at the US custom which scared the hell out of them. They visited US only for a couple of months in 2012, 2013, and 2014 when I was in college. Then the last time they visited me was two weeks in 2016 when I got married here. We thought they would have excellent record and never have issues entering and never imagined they were almost deported and sent back. 

 

They had not thought about immigrating to the US before this unpleasant experience. Now we are very scared that they may have trouble entering next time. This makes it very hard as with a young baby, I'm not able to go and visit them like I used to before. 

 

We are thinking if we should apply for green card and advanced parole. My parents are OK staying here for the next couple of years when waiting but they want to travel outside of the US for 2-3 months  because my grandparents are getting old and will need help from time to time. 

 

Is Advanced Parole still a possible way to leave the country and come back during AOS? How long does it take nowadays? Will my parents be illegally overstaying when they are waiting for AOS? 

 

Are there any other options that can allow them to easily (and legally) travel into the US? 

 

Thanks

 

 

[Dashinka 23,382]

AOS is an option, but keep in mind a GC is not a glorified visitor visa.  If their situation allows them to set up residency in the US and maintain that, then go for it.  AP will allow them to exit and re-enter while they are waiting for their GC’s, I am not sure how long it takes for AP at the moment, last I heard was 8 or more months.

 

As to getting pulled into secondary by CBP for this visit, do they understand the underlying reason?  Was it related to potentially providing childcare for their grandchild while here on a B2?

[Crazy Cat 39,669]

3 hours ago, lucy23shirley said:

Hi,

 

I'm a US citizen and had a baby last year. My parents came to visit me and the baby in October. Originally they planned to go back in February/March and visit us again later this year. 

 

However, they were pulled into the secondary interview room at the US custom which scared the hell out of them. They visited US only for a couple of months in 2012, 2013, and 2014 when I was in college. Then the last time they visited me was two weeks in 2016 when I got married here. We thought they would have excellent record and never have issues entering and never imagined they were almost deported and sent back. 

 

They had not thought about immigrating to the US before this unpleasant experience. Now we are very scared that they may have trouble entering next time. This makes it very hard as with a young baby, I'm not able to go and visit them like I used to before. 

 

We are thinking if we should apply for green card and advanced parole. My parents are OK staying here for the next couple of years when waiting but they want to travel outside of the US for 2-3 months  because my grandparents are getting old and will need help from time to time. 

 

Is Advanced Parole still a possible way to leave the country and come back during AOS? How long does it take nowadays? Will my parents be illegally overstaying when they are waiting for AOS? 

 

Are there any other options that can allow them to easily (and legally) travel into the US? 

 

Thanks

 

 

A Green Card will not prevent them from being pulled into secondary.  I think your logic is faulty.  A Green Card is for living in the US.  

[Mike E 11,727]

 

4 hours ago, lucy23shirley said:

Are there any other options that can allow them to easily (and legally) travel into the US? 

After they get a gc, where do they plan to spend the majority of their time?

[Pinkrlion 2,612]

Filing for a Green Card does not stop secondary Interview. They can be scrutinized at every entry. They can still be denied entry with Advanced Parole. 

[OldUser 5,098]

Once your parents get a green card, they'll have to maintain their LPR status for the rest of their lives or get naturalized.

 

If they get green card, and use it as visitor visa, they'll lose it.

 

Once they lose it, it's going to be difficult for them to ever get a visitor visa (B1/B2) because of demonstrated immigration intent in the past.

 

And yes, even green card holders and US citizens can be put in secondary when arriving to the US.

 

Make sure you all think it through before applying for AOS!

[lucy23shirley 2]

5 hours ago, Dashinka said:

AOS is an option, but keep in mind a GC is not a glorified visitor visa.  If their situation allows them to set up residency in the US and maintain that, then go for it.  AP will allow them to exit and re-enter while they are waiting for their GC’s, I am not sure how long it takes for AP at the moment, last I heard was 8 or more months.

 

As to getting pulled into secondary by CBP for this visit, do they understand the underlying reason?  Was it related to potentially providing childcare for their grandchild while here on a B2?

They said they didn't understand the first officer (they have limited English) so no idea why they were pulled. 

 

We are guessing that it may be now I am a citizen and have a baby here (stronger ties here and have the potential to provide child care). When they visited last time I was a GC holder. 

 

Edited January 7, 2023 by lucy23shirley

[lucy23shirley 2]

5 hours ago, Crazy Cat said:

A Green Card will not prevent them from being pulled into secondary.  I think your logic is faulty.  A Green Card is for living in the US.  

Didn't know that. Good to know! 

[lucy23shirley 2]

4 hours ago, Mike E said:

 

After they get a gc, where do they plan to spend the majority of their time?

If they get one, they plan to spend about 7-8 months here every year, and 4-5 months outside

[Mike E 11,727]

8 minutes ago, lucy23shirley said:

If they get one, they plan to spend about 7-8 months here every year, and 4-5 months outside

Perfect.  If they want to naturalize in the future it should be 8 months.  
 

They should file I-485 packages  this weekend. 

[bzbee 93]

7 minutes ago, lucy23shirley said:

They said they didn't understand the first officer (they have limited English) so no idea why they were pulled. 

 

We are guessing that it may be now I am a citizen and have a baby here (stronger ties here and have the potential to provide child care). When they visited last time I was a GC holder. 

 

Or they may have said/implied they are visiting you to help take care of the baby - that could be considered as working without authorization.

 

Anyways, GC is not the answer if they plan on leaving after a year or two. Maintaining LPR can be difficult (residence, taxes etc.) and, as someone mentioned, if the CBP officer suspects that you are using it as an alternative to Visitor visa, there could be problems.

 

Yes, they were pulled into secondary. But then they were allowed to enter, right? So whatever concerns the CBP officer had were resolved. It is unlikely that this will happen again. If they are worried about travelling maybe you (or someone) could travel with them the next time they visit the US?

 

If you do decide to go the GC route:

a) Do it immediately, time is key. And make sure your parents are completely onboard. 

 

b) There is no PD waiting for parents of USC, so processing is quick - I've heard as quick as 8 months in one case. Not EAD, actual GC in hand. But realistically, it depends on your location and case details. Your parents must definitely be prepared for a 2-year stay. I know someone who started GC for his mom, but after a few months she got homesick and went to India. Then she had to change to consular processing and fortunately GC was granted in India. But now the Mom is not sure she wants to live in the US, she hasn't returned to the US yet.

 

c) Someone mentioned that if you get a GC and lose it, getting a visitor visa later is difficult. This is not fully true. If you surrender the GC properly, there is no reason to deny a visitor visa. I know first hand because my friend's parents did exactly this. They got GC, but after a year decided life in US is not for them. Surrendered the GC and returned to India, and applied for and got fresh Visitor Visas.

 

d) Get health insurance for your parents. Must have this if they are going to stay here long term. Can be simple or tricky depending on where you live. 

 

 

 

[lucy23shirley 2]

3 hours ago, OldUser said:

Once your parents get a green card, they'll have to maintain their LPR status for the rest of their lives or get naturalized.

 

If they get green card, and use it as visitor visa, they'll lose it.

 

Once they lose it, it's going to be difficult for them to ever get a visitor visa (B1/B2) because of demonstrated immigration intent in the past.

 

And yes, even green card holders and US citizens can be put in secondary when arriving to the US.

 

Make sure you all think it through before applying for AOS!

Thanks. Yes it's complicated and we are gathering more information before we decide what to do. 

[lucy23shirley 2]

21 minutes ago, bzbee said:

Or they may have said/implied they are visiting you to help take care of the baby - that could be considered as working without authorization.

 

Anyways, GC is not the answer if they plan on leaving after a year or two. Maintaining LPR can be difficult (residence, taxes etc.) and, as someone mentioned, if the CBP officer suspects that you are using it as an alternative to Visitor visa, there could be problems.

 

Yes, they were pulled into secondary. But then they were allowed to enter, right? So whatever concerns the CBP officer had were resolved. It is unlikely that this will happen again. If they are worried about travelling maybe you (or someone) could travel with them the next time they visit the US?

 

If you do decide to go the GC route:

a) Do it immediately, time is key. And make sure your parents are completely onboard. 

 

b) There is no PD waiting for parents of USC, so processing is quick - I've heard as quick as 8 months in one case. Not EAD, actual GC in hand. But realistically, it depends on your location and case details. Your parents must definitely be prepared for a 2-year stay. I know someone who started GC for his mom, but after a few months she got homesick and went to India. Then she had to change to consular processing and fortunately GC was granted in India. But now the Mom is not sure she wants to live in the US, she hasn't returned to the US yet.

 

c) Someone mentioned that if you get a GC and lose it, getting a visitor visa later is difficult. This is not fully true. If you surrender the GC properly, there is no reason to deny a visitor visa. I know first hand because my friend's parents did exactly this. They got GC, but after a year decided life in US is not for them. Surrendered the GC and returned to India, and applied for and got fresh Visitor Visas.

 

d) Get health insurance for your parents. Must have this if they are going to stay here long term. Can be simple or tricky depending on where you live. 

 

 

 

Thank you for the detailed response!

 

Yes tax is bad if they apply for GC because they have income overseas. 

 

Health insurance is better with GC because they can buy real insurance. Now they are on travellers insurance which only covers accidents and emergency. 

 

I've been talking with them about long term plan. Before I had my baby they didn't plan to live in the US in the next 5 years or so. However they really bonded with the baby and my dog. They somewhat enjoy living here although it's hard to see at this point. I spend a lot of time with them right now but things may change when I go back to work. 

 

I didn't know you can switch from applying here to consulate processing. I may ask a lawyer for more details of that. The biggest concern of applying for GC is that my grandparents may need help from them 2-3 months a year when they are sick. We are scared that if we apply now and they need to go back because of emergency, their stay past I-94 (April) will be counted as staying here illegally. 

 

[OldUser 5,098]

Deleted

Edited January 7, 2023 by OldUser

[NorthByNorthwest 225]

Adding to what everyone else said - while travelling on Advance Parole they can expect to get pulled into secondary inspection every single time they enter the US. It is usually straightforward, but if they have limited English I'm sure it adds to the stress.