Address of Parents in I-130 and I-485

V

v_r_k

Registered Users (C)
While filling up the I-130 & I-485 applications, I am starting to wonder which address to put for my parents who are presently in US with me. In some specific areas/ forms, they specify "Address abroad" or "Address in US". So in cases where the form doesn't specify, can I just use the US address for them.
Or should I mention their address in India.

Thanks for your time.

VRK.
 
I presume you are aware of the potential problems with filing I-485 after they arrived here on a tourist visa, but decided to go ahead with it anyway.
 
I believe you are referring to the risks involved with filing for AOS while they have entered as a tourist. Yes, I did try to understand them and decided to go ahead with the risk. Wheather I understood them partially or totally is a question. I appreciate you raising a caution though.

Is CP the right option in your opinion?

Thanks,
VRK
 
v_r_k said:
Is CP the right option in your opinion?
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CP is definitely the legally safer route, provided that they haven't already overstayed the visa.

CP also avoids making things a bit more difficult for other people from your country who try to get a tourist or student visa. Especially if it's anybody in your family (e.g. a brother or sister); it will be harder for them to convince the US embassy that they will leave the US when their visa expires, after knowing that your parents overstayed the visa and you helped them to do it.
 
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They have been here for 4 months. This is their second visit after more than 3 years and no overstay during the first. So hopefully, this risks are not too heavy. Will keep my fingers crossed though as with anything with the USCIS.

Thanks again for your thoughts on this.
 
v_r_k said:
They have been here for 4 months. This is their second visit after more than 3 years and no overstay during the first.
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Maybe "overstay" wasn't the right choice of word. I was referring to their upcoming failure to leave the US before the I-94 expired on the current trip. If you help them to directly immigrate from a B2 visa, the expectation (in the eyes of US Immigration) is that you will attempt to do the same for other relatives who travel on a B2 visa.

It helps that they have already been here for 4 months, but if they go ahead with the I-485 they should still be prepared to answer questions about what changed to make them decide to stay after having entered the US for a temporary visit.
 
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