60 day rule for filing GC application for parents

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zbcx123

Registered Users (C)
Hi

My parents are planning to visit us here in US. Their visitor visa expires on Apr 10 of this year. We (recently natualized US Citizens) are planning to file for their GC (family based gc) as soon as they arrive here in US.

Is there a law prohibiting us from applying for GC until 61 day of their arrival?

We heard that since their visa will not permit them to legally stay in the country for 60 days after arrival, they will not be able to apply for their GC unless they go back and get a new visitor visa issued. Is that correct?

Is there anybody who applied for their parents GC sooner than 60 days of their arrival in US?

Thanks for your advise.
 
They are not supposed to enter the US with a tourist visa while having the intent to stay and immigrate. Relatives outside the US who want to immigrate are supposed to do it through a US consulate. If the officer at the port of entry knows they plan to stay and pursue a green card, they will be refused entry.

The 60-day "rule" is more of a guideline based a court case from years ago. If someone files for a change or adjustment of status soon after entering the US, USCIS may presume that they already had the intention to change/adjust status when they entered the US, and may deny their application for that reason. The 60 day waiting period is considered a generally "safe" waiting period to escape that presumption, however USCIS may conclude that they entered the US with immigrant intent based on other factors.
 
zbcx123 said:
Hi

My parents are planning to visit us here in US. Their visitor visa expires on Apr 10 of this year. We (recently natualized US Citizens) are planning to file for their GC (family based gc) as soon as they arrive here in US.

Is there a law prohibiting us from applying for GC until 61 day of their arrival?

We heard that since their visa will not permit them to legally stay in the country for 60 days after arrival, they will not be able to apply for their GC unless they go back and get a new visitor visa issued. Is that correct?

Is there anybody who applied for their parents GC sooner than 60 days of their arrival in US?

Thanks for your advise.
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When your parents enter USA on a visitor visa, the lenght of their stay in USA is determined by the IO at the port of entery, if he gives for 6mts, they can stay even if their Visa expires, Visa is olny for entery, the stay period depends on the time given by the IO at the port of entery.
Since they will be entering very close to their visa expire date, they might be questioned why they havent tried getting a new visa if they plan to saty 6mts.
If they get 6mts On the I 94, they are good to stay for 6mts.
When it comes to apply for I 130 and 485. It is always better to do a CP back in the home country, that is the right way to do, the time is also the same, it will take aroung 6-8mts for CP, you have to wait 3mts and the it will take 4-5mts to do it in USA, so the time frame is the same.
 
This forum draws a classier bunch of folks than certain others. There are places on the web where people exchange Scamming Tips on this issue. I despise them.
 
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