****Wait time to apply Green Card for parents (Came in with B2 Visa) ****

H

horiba

Registered Users (C)
Hi

I see this somewhere before, but couldn't remember conclusions.

I am Citizen. My parents came in visit me last month with B (vistor) visa.
I am thinking of applying Green Card for them (I-485). But was heard that if we apply with 3 months after entry with a non-immigration visa, they will have problems during interview. Is that 3 month a magic number. Anyone have real experiences willing to share?

Thanks
 
It is suppose that a person who enter in a non-immigrant visa and right away adjust status to permanent residency had a preconcieve intent to immigrate which can be consider fraudulent use of a non-immigrant visa.

There is nothing written in the law that a person to avoid the preconceive intention should wait 30-60-90 days before applying to permanent residency. But as you see, is very hard to not show that intention IF the person adjust his/her status within a week of his/her entry. That is why there is a "caution" that if the person wait at least 60-90 days before adjust status that intention won't be hard to overcome if it did not wait that period. Is the same thing of visa extension, if a person enter and right away apply for visa extension means that had the intention to stay more than the period that was declare at the POE.

There are other people who have been in the same process...can't remember the names so you can wait for their inputs.

Good luck,
 
I personally waited more than 90 days to apply for my parents. But I've seen a post from member "needurhelp" that she knows someone who applied for their parents without waiting for 90 days - I think they applied within 30 days of arrival, but I'm not sure.

I think Cherr has explained quite clearly why one needs to wait for a sufficient amount of time before they apply. But it would totally be your discretion - there's no hard set rule of 90 days. When I think of it now, 60 days sounds like a reasonable time to wait - but that's just what I think.
 
My cousins have applied within two weeks, one of them is already approved few months ago without interview, and another is still in line with Mar '06 as PD.

Personally, I waited for lil less than 90days before applying. At the interview, officers' Qs were all releated to the forms and nothing else. I'm not sure whether it's of any importance since this is the parents case. Being cautious is not going to hurt but do you have to????
 
Thanks to all sharing the valuable info.

Well, I wish I could apply right away so that they can get green card before the return tickets expires. Also, in cases like medcial and emergency situation, etc. You never know what will happend during 90 days.

I know that file after 90 days will be safe even though I am hoping to file right after 60 days. Within 30 days, even myself will have hard time to explain if the interviewer pop up that question.

needurhlep, I believe it is typo, do you mean to say "less than 90days"? If so, did you wait 30 days or 60 days?

It is quite a gray area, I need to have all the available info to to make that decision and meanwhile trying to push the envelope a littler further without significant increases of risk. I may not be as conservative as jenimmi, but won't be as brave as needurhelp's cousins though. I might just pick 60 days to wait. That should be a good balance, also fall within cherr's 60-90 day window. :)

Thanks again.
 
horiba said:
Thanks to all sharing the valuable info.

Well, I wish I could apply right away so that they can get green card before the return tickets expires. Also, in cases like medcial and emergency situation, etc. You never know what will happend during 90 days.

I know that file after 90 days will be safe even though I am hoping to file right after 60 days. Within 30 days, even myself will have hard time to explain if the interviewer pop up that question.

needurhlep, I believe it is typo, do you mean to say "less than 90days"? If so, did you wait 30 days or 60 days?

It is quite a gray area, I need to have all the available info to to make that decision and meanwhile trying to push the envelope a littler further without significant increases of risk. I may not be as conservative as jenimmi, but won't be as brave as needurhelp's cousins though. I might just pick 60 days to wait. That should be a good balance, also fall within cherr's 60-90 day window. :)

Thanks again.
Click to expand...

I don't think there was a typo with needurhelp's post - she meant lil - as in -> little less than 90 days ;)

When I said I waited 90 days to apply, I didn't quite elaborate. But now I'm going to. It just happened that way, as my Mom was here already on her Visitor's visa before I was naturalized. So, by the time I became a USC and was eligible to file for her, it was well past the 90 days.

I had the same dilemma with her return ticket - I had to pay a considerable amount to extend the ticket's validity as her GC process is still going on. 4 months into the process, still haven't received her IL. So it turns out, it probably would have been cost effective if I had just let the ticket be without extending it. Now after having paid to extend it, she still might not use it if the process isn't over by the (extended) date of travel.

But if I were you, like you said - it would be hard to explain if at all this "pre-concieved intention" thingy comes up during the interview, even though the chances are pretty slim. 60 days seems to be a reasonable time to wait or perhaps 45? ;)
 
Thanks jenimmi for the explanation. Now you are making me thinking about 45 days. :rolleyes:

You're right, nothing is preditable with CIS. I had to take them to court to get my name check cleared. It definitely not a good idea to spend money extend return flight and expecting CIS will do their job right.

Now another 30 days to count. :(

BTW, for people older than 60, do they need to be vaccinated during the phycial exam or that can be waived. They don't have any paperwork to prove they had it before.
 
There are some vaccines that are require by people over certain age and there are others that do not or are not appropiate. That decision is made by the civil surgeon (the doctor that you choose from the list in your area given on the USCIS website).

Read the instruction on how to apply for permanent resident and the part that explain about the I-693 medical examination.

Good luck,
 
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