Applying for my parents - some Qs

[smoochas]

Just last month, I took my oath, received my Cert. of Naturalization and got my passport back in the mail today - FINALLY! The whole process started back in 2003 when I married my American husband and I can’t believe its finally all over and done with!

I’m thinking about applying for a GC for my parents. They actually own some rental property here in the USA and visit every year around tax time for about 2 months, to visit and sort out the paperwork.

Since my parents don’t live here in the US, it seems like I can only do CP (consular processing) for them using the I-130 form? Is this correct? Is there any difference in how long it takes versus, if they came here as they usually do and then did not leave? In the latter case, I could file the other stuff like the I-485 etc., correct? Which might be a better way to do this?

Also, I’m reading that if they do file the I-130, with an “intent to immigrate,” this might affect their ability to come each year afterwards? Does anyone have a ballpark of how long this process is?

Lastly, is there any “prejudice” again people over a certain age? They are both over 65 but are in good health. They are both from Taiwan originally.

 

[Sizwe]

Well - the thing is if they were denied a visa into the US for any reason it would make it more difficult for them to apply the second time round.

As for the prejudice question with regards to the age. It is usually easier for people over a certain age to apply, simply because they are regarded as stable and they probably have some support in the US to look forward to. Hope this helps...

 

[Jackolantern]

Since my parents don’t live here in the US, it seems like I can only do CP (consular processing) for them using the I-130 form? Is this correct? Is there any difference in how long it takes versus, if they came here as they usually do and then did not leave?

There is the option for them to come here and file I-485 instead of consular processing, which some people do successfully. But that way is frowned upon by USCIS, it can lead to denial, and can cause other people to have difficulty with obtaining a visitor's visa (more explained below).

Also, I’m reading that if they do file the I-130, with an “intent to immigrate,” this might affect their ability to come each year afterwards?

Yes, filing the I-130 can cause problems if they try to enter the US as visitors (although they may have less problems than most, if they request CP and can show an extensive travel history of visiting the US repeatedly without overstays). Even without the I-130, many parents of US citizens are rejected when they apply for US visas or sent back at the port of entry because Immigration suspects they will violate the purpose of the visa (or visa waiver) by attempting to immigrate. And their suspicions are not unfounded ... just look at how many on this forum itself are filing I-485 for their parents after the parents entered with a B1/B2 visa. Whenever this is done, it adds to the statistics of people from that country who attempted to immigrate after entering with that visa, which makes it more difficult for others who want to visit with that visa.

Does anyone have a ballpark of how long this process is?

6-12 months.