After the citizenship - GC for parents

[yuxiangisme]

How many of you out there are planning or are in the process of sponsoring greencard for your parents?

I have a few questions:

1. My parents live in China. If I filed for I-130 for them, are there any ways for them to visit me during the process?

2. How long does it take for California SC, San Diego district?

3. Is there a big difference in terms of processing time if my parents are physically in US before the process starts?

Finally, could you please share your timeline if you are currently in the process? Especially if you live in Southern CA?

Thanks.

 

[yuxiangisme]

Thanks, JoeF, for the information.

Again, if anyone of you are in the process, please share your experience.

Thanks.

 

[compaqdb]

Your parents may apply for B-2 (tourist visa with no intention to immigrate). When they come to the US, technically you can wait for several months and then file I-130 and I-485 concurrently before their current visa expires. Once BCIS received the I-485, your parents can stay in US legally until the final decision of I-485 were made.

Several points to consider before you apply:
1. If you file I-130 while your parents are in China, they can not apply for any non-immigration visa like B-2 to visit you. The whole process may take several years.
2. If they are not going to work in US after they get GC, they can not enjoy SS and Medicare benefits.
3. Your parents should be willing to live in the US permanently if it's difficult for them to apply citizenship. Practice come and go will make their PR status at risk.

etc.

These are only my thought on this and may not be true. You should consult a capable lawyer to make any decisions.

 

[Chicagodesi]

If I apply for my siblings who are married. The processing time is about 9 -12 years. If that is the case then after filing I-130/I485 on their behalf, they would not be able to visit USA for next 9-12 years. Can someone confirm that????
Thanks
CD

 

[compaqdb]

Originally posted by JoeF
Note that they can't have the intention to stay when they enter with the B2. If they have, they'd commit immigration fraud.

I do not agree. When they enter as B2, they do not have the intention to immigrate and want to leave before I-94 expires. However, after a resonable amount of time (several months), they can always change their mind (for example, are persuaded by their son/daughter to stay in US permanently and file I130/485.) There is no fraud involved since people can always change their mind when the situation changes.

For example, many people came initially to US with F-1 visa eventually become GC holder. As long as you are bona fide nonimmigrant at the port of entry, you are fine.

As long as you do not file the I130/485 immediately (which proves the immigration intention) upon your entering the US, I do not see any potential problems.