AoS or CP

L

lprkhoj

Registered Users (C)
I am going through the requirements of filing I130 for my parents. There are a couple of queries I'm not sure I have answers to, so would like to get some advice on:

1. Can AoS (I485) be filed for parents (concurrently or after getting I130 approved) if they are in the US on a B2 (visitor) visa?
2. If not and I go with CP instead, would they be required their DoB certificate at the time of interview (or anytime during the CP process)
2a. If so, given that neither has one, what is a suitable substitute?
2b. While CP is in process, can they enter the US on a B2 visa (they already have valid ones on their passports)?
​
Appreciate some guidance from folks who have been through similar conundrum.
 
1. Yes. Concurrently.
2. Yes
2a. They will need to demonstrate the unavailability of the document and provide affidavits from people who witnessed the event.
2b. Nothing prohibits them from visiting. However, practically, there's a good chance they may be denied entry for immigrant intent.
 
Thanks for the response.

1a. Re # 1, In case I don't go with concurrent filing, at what stage do I make a choice whether to go the CP or the AoS route (provided the criteria of beneficiary's location is met at the time especially for AoS)? Does USCIS ask for the choice after I130 is approved?
1b. How much time would I have post I130 approval to make this decision?​
2bb. Re. # 2b, does the possibility of denial at PoE exist during I130 processing (and if AoS isnt filed concurrently)?
 
First..
If those parents are overseas at the moment.. and you've already declared their immigrant intent.. then no (NO), they should not AOS on a B2; that would be the classic definition of an abuse of a B2 visa, aka visa fraud. They're better off going the CP route.
However, if they're already in the US, and have had a change of mind since being admitted to the US, then they are eligible to AOS.

Second..
The possibility of a denial always exists; CBP has the right to deny entry.. with probable cause of course.. to anyone other than a US Citizen.
 
The response in the last post doesn't align with the questions asked...too generic and elementary.
 
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