From b1/b2 visa to immigrant visa

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manojnanda1

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Hi i am a us citizen originally from india..my elder brother and his family recently got their b1/b2 visa from mumbai..for 10 years. They visited me in april for a month and went back as my nephew's schools vacation got over in june..my question is i want to file i 130 for them when they come back to visit me next year..now i know that once they stay for more than 6 months they will become illegal.but once the i 130 aprroval comes across after about 9 or 10 years. Will their be any problems for them to get the green cards. For 3 of them .my brother, his wife and his son who is now 10 years old studying in 5th grade, also i want to admit him in a school which is located in my county..??? I know that my brother and his family come in the 4 prefernce catagory for immigration f4.. But can their be any legal problems once the i 130 approval comes through, after their stay here in usa for 10 year period..pls reply thank you..
 
Yes there will be lot of problems if they overstay after you file I-130, If they are able to stay for that long without getting Caught and deported they will face another 10 year inadmissibility bar to enter US at that time. Now since they have a 10 year visa they can come and stay legally and go back after six months or a year if they get a extension. Your nephew cannot go to a public school since he will be in a visitor status. My brother is using his visa this way also as I had filed I-130 for him.
Your brother's family might as well kiss goodbye to a legal status after 10 years if you file for him and if they ever overstays their visa.
 
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Thanks for your reply..

Hi thanks a lot for the information..the thing is that my brother also has business back home in mumbai..now he has a nuclear family..its just 3 of them..if he comes and goes the problem is where do they leave their son behind..and if public schools will not take him in.. Will private schools give him admission..i mean if u have any information about this can u give me..about their legal status.. If i 130 gets approved while they are in usa for lets say next 5 to 8 years..even then it will be a problem for them to get green card..???
 
Yes. it will be a problem since their illegal overstay will not be "forgiven".

As a US citizen, you should be following the laws and not encouraging your sponsored relatives to violate them. You knew the laws when you immigrated. If you did not plan to follow the laws, you should not have come.

Imagine what it will be like if they are picked up and held in detention for DEPORTATION. Your nephew will be tainted forever; who wants to associate with someone who has been DEPORTED from the US for being an ILLEGAL ALIEN.
 
Unless they somehow maintain legal non-immigrant status for the next 5-8 years, there will be a problem. They will not be able to undergo AOS. CP will not be an option either due to a 10 year ban. As simple as that.

manojnanda1 said:
If i 130 gets approved while they are in usa for lets say next 5 to 8 years..even then it will be a problem for them to get green card..???
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thank u mr. ghori..for ur reply. i am sorrry i did not understand the meaning of sentence "they will not be able to undergo AOS. AND CP will not be an option either due to a 10 year ban". could u please elaborate on that.. and another thing i wanted to write but forgot, was what if he liquidates all his assets and transfers the money to usa. officially through banking channel .. then can we show the money to the ins and will they somehow be able to stay here legally ??i mean is that one of the possibility..cause they will not be a burden on usa government.since he will be getting money with him if and when they come down to usa..?? please do reply to this query of mine.. thank you..
 
AOS is Adjustment of Status while they are in US, CP is Consular processing back home in the embassy/consulate.
They can get an entrepreneur visa , the requirement is $500K to buy a existing business or start a new one in Rural areas with another requirement of Employing at least 10 Citizens or Permanent Residents. The requirement of capital goes to 1 Million US Dollars if it is in a Metropolitan area.
If they will be going after the entrepreneur then they don't need your I-130 sponsorship at all, if approved for that they will get a 2 year Conditional GC's followed by a permanent unrestricted GC if all the requirements were met and maintained for those 2 years.
 
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Whatever he does, he and each of his family members need to maintain a legal status at all times otherwise they will have problems - may even be prevented from entering the US. Depending on the ages of his children, they may have problems immigrating as part of the family unit so he needs to be aware of this as well.
 
Thank you all for the information ..but if they do decide to come and stay..illegaly..what is the worst scenario that i am looking at after 6 to 9 years when their i 130 comes for hearing..will they be granted a gc or will i have to fight the case in the court..for them..what can be the worst scenario ...??and do you know any one or any such person who has done this way and got the gc..please do reply...
 
If they accrue an overstay, they will not be able to AOS based on your I-130. If they leave the US for CP after staying illegally for 6 to 9 years, they will trigger a 10 year ban. It is very simple actually.

manojnanda1 said:
if they do decide to come and stay..illegaly..what is the worst scenario that i am looking at after 6 to 9 years when their i 130 comes for hearing..will they be granted a gc or will i have to fight the case in the court..for them..what can be the worst scenario ...??
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Thank you for your reply,, but the question that i wanted an ans for was ,, would it be possible for me to fight out for immigration visa for them in the court..is that an option..???? Cause i know a lady who is my customer she is from pakistan..and she came way back in 1991 to usa with her husband and infant daughter on a b1/b2 visa..now her mother who was in texas at that timewas a us citizen and she filed and i 130 for them..its intersting to note that during this 20 year course of time she divorced from her husband who flew back to pakistan.but she remained back with her daughter..intersting point to note here is that she lost her and her daughter's passport also during this 20 year period.. Now her daughter has finished school and currently going to college..and on my insistence i told her to ask her mother to file i 130 again because they never got any reply back from the ins during this 20 year period..and only last month when she visited my store i came to know that ins has approved their petiton..both mother daughter were living without any kind of papers and above all with their original passports..still ins approved their petition.. And very soon they will be getting their green cards..based on the petition..can anyone elaborate on this case...???thank you all
 
No, that is not an option.

With regards to the case you have mentioned, without knowing complete details, I cannot comment. Just for the record, I-130 being approved on its own does nothing for an overstayer in the US. The key is I-485 being approved.

manojnanda1 said:
would it be possible for me to fight out for immigration visa for them in the court..is that an option..????
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Hi thank you for your reply, i met her yesterday and got little bit of information about her case.. The thing is as i told you earlier that this ladys mother is a us citizen when they came to usa with her husband and her infant girl. This was in 1991 when they came here on visitor visa. Her mother filed i 130 immidiately for her daughter , her husbad and her grand daughter who was just an infant at that time. In due course as u know how long it takes for i 130 to get processed they shifted from one state to another and in the meanwhile there were differences between this lady and her husband which led them to divorce. Now keep in mind this all happend after about 3 years after they entered usa.. Which means they had already become illegal by that time. Her husbad left usa and went back to pakistan. But she stayed back with her daughter and did odd jobs. As u know so many millions of illegals do. I the mean time she lost her passport also which was the only proof that she had entered usa on a visa and not by crossing the border or anything like that. Fast forwrd to 2009.. After spending almost 20 years like that ..and mind you in the mean time her daughter attented school and now she is in college. After she started to come to my store and became my customer. I insisted her that she should try to convince her mother to file i 130 again and see what happens.. Now just about a month back they got the approval.. Of i 130 and also i 485.. "also i forgot to mention earlier that , i am not sure how ??? but both the lady and her daughter have social security card , plus driving license and she pays her taxes as well.. now this i really am not able to figure out how they got ss card when they entered usa on b1/b2 visa."".so this is the case fact that i know and i am relating it to you. What do you think happend in her case ??? Please do reply.
 
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I am guessing, based on lack of information, that this lady was grandfathered by 245i. I may be wrong. Your relatives will not be grandfathered by 245i. So the bottom line is, you will not be able to fight out your relatives' case in court. They should wait for their immigrant visas outside the US unless they can maintain legal non-immigrant status througout the waiting period.


manojnanda1 said:
What do you think happend in her case ??? Please do reply.
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