Starting GC process for parents after visitor visa
- Thread starter r11
- Start date
PraetorianXI
Banned
They can not enter the USA using a visitor visa with the intention to adjust their status to get a GC that is FRAUD.
If you apply their GC now then it has to be Consular processing since they are back home. In this case they cannot come over here on Visitor visa until GC is approved. If they come here first on Visitor visa then you wait 90 days and file AOS here but then they can't travel back until they get GC.
PraetorianXI
Banned
It is a way to try to trick the system and lower the chances of USCIS accusing them of fraud... Vik Pal is an expert on that, he seems to show up and post only when such things (that some people would call fraud) are needed/mentioned...
dude PraetorianXI dont act like an immigration officer plz!!.. he is letting him know of all the options , and thats the purpose of this forum if i am not mistaken, why do you have to be all touchy about it, if it was such a big fraud then 90% people on this forum wouldnt be doing the AOS and also getting away with it..
TheRealCanadian
Volunteer Moderator
Hang around in the B visa forums for a while and see what the end result of doing this has become; it's getting harder and harder for the parents of PRs and citizens to get B visas in certain countries. Enough people do it, and consular officers are going to start automatically denying B visas in these cases.
US citizen child? Sorry, immigrant intent.
yes i know what you mean and totally agree with you.. the way the refuse B2 visa's if they know you have immediate family in the US.. but in this particular case the parents already have the B2 visa stampped on their passport.. and plus in some countries in south east asia, waiting for an interview can be long..sometimes more paperwork involved.. can take from 12-24 months just to appear for an immigration interview at the embassy and travelling between cities in trains.. and its really hard for somebody who is old to go through all that when they can have the green card mailed to them sitting at home...I would just call it a loop hole in the system.. which can be used or sometimes abused..
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But - even though they have their stamp - when they physically enter the US, they will have immigrant intent. The OP clearly states that he plans on filing their GC. Therefore they already have plans to immigrate. If they enter on the B2 visa (which means they DO NOT have immigration intent) - that is clearly fraud since they DO have immigration intent based on what the OP said.
Now - a lot of people do it and get away with it and I'm not questioning they tactics or saying it won't work - I'm just stating that based on what the OP has already said this would be fraud.
My thinking is AOS method is defined for those who are in country and want to pursue GC. For those ourside of the country CP method is there for them. When the process of there for already in the country then why the restriction ?
I can understand the good intention of not immigating while on B-visa but then process is there for what ? For refugee and other category can use it but they may form just couple of percent of the total AOS applicant, isn't it ? Rest will be just like my parent who came to the country with similar intention and want to apply for GC.
This is just a thought.
Thanks for nice discussion on the thread. Appreciate your help.
R11.
I can understand the good intention of not immigating while on B-visa but then process is there for what ? For refugee and other category can use it but they may form just couple of percent of the total AOS applicant, isn't it ? Rest will be just like my parent who came to the country with similar intention and want to apply for GC.
This is just a thought.
Thanks for nice discussion on the thread. Appreciate your help.
R11.
It is a way to try to trick the system and lower the chances of USCIS accusing them of fraud... Vik Pal is an expert on that, he seems to show up and post only when such things (that some people would call fraud) are needed/mentioned...
By what authority did you make this statement? I made the statement based on hundreds of posts on the thread
http://boards.immigration.com/showthread.php?t=202993
These are real life experiences of people all having successfully got GC.
Regarding B2 visas being rejected I'm not sure if there is any relation between GC applicants and B2 visa applicants. As far as India is concerned right now getting a B1/B2 visa is very smooth and easy. I know several acquaintances who are reporting that they are giving 10 yrs multiple entry B1/B2 in Delhi and Bombay even when asking for just 6 months. I recently became USC and they gave my sister who is in mid 20s B2 visa for 10yrs even though she requested 6 months visa. She had clearly mentioned that her brother is USC. My brother got F1 visa easily even though mentioning that brother is USC. Infact immigration officer mentioned in a light mood that you guys have a nice family reunion. I'm not sure why people keep saying that is becoming difficult to get B1/B2 while my experience is exactly the opposite. I have never seen US consulates/embassy in India issue B1/B2 so easily. Right now they are very generous with India. If you want more evidence of this then see the immigration stats yourself.
Your parents visa may have been rejected due to some other reason. It all depends on the officer handling your case and how their interview went. I think applicants who interview in English sail thru very smoothly like all my family members. If you interview in local language then there may be a problem because it may be harder to convince the officer. In any case I have never heard of anybody having been rejected a B1/B2 visa and being told "we will not give you visa because people from your country have been filing AOS after going to US" . That is simply ludicrous. I don't know where you got that from. The fraud happens when people come here on B1/B2 and start working here like driving Cab in New York or working on gas stations/ stores etc and never go back. That is fraud and has been well known to everybody since many years. NY Times carried several articles specifically for such cases. Infact it is public knowledge that 1/3 rd of illegals belong to this category. You cannot compare those folks with parents or immediate family members of USCs who genuinely have a sponsor available for them to get GC.
Next time please do your homework before ranting out your personal frustrations on others. The OP was looking for a genuinely helpful answer and you just slammed the door in his face. By what authority have you become the moderator? This is a forum to help and advise fellow immigrants not to demoralize them. If something is illegal then you must say so and also quote the law why it is illegal. You have to back up your statement with facts. You cannot express your personal opinion based on your frustrations and impose on others just because you are a moderator.
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TheRealCanadian
Volunteer Moderator
It's worth noting that the siblings of US citizens are a very different case, because even if the US citizen sibling files an I-130 on their behalf that really doesn't give them any benefits or ability to stay in the US. For parents, on the other hand, the B2->I-485 route does offer significant advantages.
Again, it's not illegal to file an I-485 merely after having entered on a B visa. But the INA is extremely broad in the latitude it gives consular officials, and they certainly can make it a policy to deny B visas to the parents of US citizens if too many people misuse them.
This statement sounds more logical and worthy. Infact I believe they already have enormous discretionary powers. They can reject visitor visa to anybody, even if your papers etc are perfect, just on any flimsy ground. If the officer's mood is not good that day he/she can shred anybody's application. This is fairly common knowledge back home.