GC for parents - confused

[peace22]

Hi all,

Thanks to all for the great site, support and camaradrie here. I have read the awesome sticky thread on AOS and CP and other GC-related threads.

I'd appreciate some advice on a few questions I have.

I would like to apply for a GC for my parents. Which is my
best course - AOS or CP?

Also, my (minor) neice is visiting India this summer and my dad would like to accompany her back in August-end to L.A. May he travel if his GC application process has started?

My parents stay in Mumbai, India. They were here last summer for a visit, my mom first, followed by my dad. Here's what happened with an extension filed for my mom's VISA:

November 6, 2007 - we filed for an extension to my mom's visit. We didn't hear back from USCIS for over three months - our case status was in progress.

Feb 18, 2008 - we reminded USCIS of our pending petition for extension of (non-immigraant status) visit.

Feb 27, 2008 - we received their reply replied back thanking us for the reminder but rejecting the extension, based upon not very solid grounds, - * "not enough evidence of financial support", although I am a citizen, and had my employer's letter;
* "not enough reason to believe that the visit is for pleasure", were a couple of reasons of five.

March 12, 2008 - My parents left for India together.

Is one easier than the other comparing AOS vs. CP? Which one is faster?

I much appreciate your thoughts.

Thanks.

[boatbod]

AOS is for people already in the US. Since your parents are currently in India, it would not be applicable for their situation.

CP takes approximately 9-12 months from the time you submit the I-130 to issuance of the DS-230 immigrant visa.

Once an I-130 has been submitted, there is clearly demonstrable immigrant intent. There is a possibility that your Dad would either be turned away, or given a very short authorized stay if he arrives on a tourist visa. Its entirely up to the CBP officer at the PoE.

[peace22]

Hi Boatbod,

Thanks. I should have clarified.
If I am able to do an AOS easily, I'd rather have my parents visit the US with while dropping my neice off and then go that route. This is what I prefer to do.

If CP is assuredly an easier process, then I'll consider going that route for my parents.

I prefer the AOS way.

I also wanted to be aware of the pros and cons of each process, so to speak.

My mom's extension visitor extension being rejected once - will that play any role in the AOS process?

They have a valid US VISA.


Thanks again.

[PraetorianXI]

Peace22,

It is not possible for your parents to enter the USA with an non-immigrant visa (visitor) with the intention of undergoing AOS. Since they have that pre-conceived intention they could be accused of fraud/misrepresentation at the POE.

CP is the safer/easier way (also, cheaper).

[peace22]

Thanks for the thoughts, Praetorian. Appreciate it.

In the I-539 filed on Nov 6, 2007, , my mom had said that she would like to spend more time with her grand-child during the Holidays. Would you think that since the Holidays were over by the time they responded, that's why they felt that it wasn't enough reason for a pleasure-trip anymore? We expected a six-month renewal, so until May-6-2008. We received the USCIS reponse on Feb 28; so they left on March 12 after changes to travel plans and ticketting.

Just trying to understand the USCIS reasoning.

Thanks!

[pianoplayer]

Originally Posted by peace22

Thanks for the thoughts, Praetorian. Appreciate it.

In the I-539 filed on Nov 6, 2007, , my mom had said that she would like to spend more time with her grand-child during the Holidays. Would you think that since the Holidays were over by the time they responded, that's why they felt that it wasn't enough reason for a pleasure-trip anymore? We expected a six-month renewal, so until May-6-2008. We received the USCIS reponse on Feb 28; so they left on March 12 after changes to travel plans and ticketting.

Just trying to understand the USCIS reasoning.

Thanks!

Hi:

First, I am sorry you did not get the result you wanted. But since that is water under the bridge, second-guessing USCIS's reasoning is for the most part irrelevant.

Second, your parents need to do CP. If you read the thread you said you did, you know that. It has everything to do with "immigrant intent" when entering on a nonimmigrant visa. You will find that some people have done AOS under these facts - and some succeeded. However, you are NOT on solid legal ground under those facts. Hence, the past references to the "10-foot pole."

Best wishes.

[TheRealCanadian]

There's one other thing to consider; there are plenty of citizens whose parents do NOT want to immigrate to the US, but who just want to visit. Every time a USC files an I-130/485 package for a parent who entered the US on a B, it makes that that much harder for every parent down the road to legitimately enter temporarily.

Just something to keep in mind.

[peace22]

Thanks for sharing your thoughts, pianoplayer and TheRealCanadian. Thanks for your wishes, pianoplayer. I think we'll do CP.

Also, I just wanted to confirm if my dad can drop off my neice while I have started the GC/CP process for them. I probably should have asked Rajeev this afternoon, but it slipped my mind.

Thanks.

[peace22]

I mean it would be hard if he got stuck at the port of entry.

[ml_boston]

Originally Posted by peace22

Also, I just wanted to confirm if my dad can drop off my neice while I have started the GC/CP process for them.Thanks.

If your dad temporarily visited to drop off your neice, and then subsequently returned to India, he should be ok with his CP since the visit was valid temporary stay with a temporary visa.

However, I don't know how good USCIS systems are. If they are aware of the CP when he enters, he would have a very hard time making the case that the visit is temporary and could be stopped at POE. Maybe others can speak to how good the USCIS is at tracking this.

One option is to wait on your Dad's CP until after he drops off your neice.

-ML

5/13/08 - Parent I-130/I-485/I-765/I-131 mailed to Chicago Lockbox
waiting on reply...

[ml_boston]

Originally Posted by peace22

My mom's extension visitor extension being rejected once - will that play any role in the AOS process?

You don't say when your mom's original stay (as stamped on the I-94) expired. If it expired before March 12, then because her extension app wasn't approved, she retroactively is considered overstaying from the I-94 expiration until March 12. Also, if she was using a multi-entry visa it would be voided.

If that overstay was under 6 months, then she's fine since it is forgiven for the CP. If it was over 6 months, you'd have to wait on the CP since the 3/10 year ban would apply.

-ML

5/13/08 - Parent I-130/I-485/I-765/I-131 mailed to Chicago Lockbox
waiting on reply...

[peace22]

Hi ML,

Thanks for the thoughts.

My mom left soon after hearing from USCIS, within two weeks. We had applied before the I-94 expired but they didn't respond to us until Feb 28.

I thought the overstay was counted from the date of hearing the USCIS response
on an extension request. Is that right?

Thanks.

[Triple Citizen]

No, it starts the day the I-94 expires.

Originally Posted by peace22

I thought the overstay was counted from the date of hearing the USCIS response
on an extension request. Is that right?

[CrossHairs]

Originally Posted by Triple Citizen

No, it starts the day the I-94 expires.

Good info to know