Do I have to wait to apply for Parents ?

E

earthlovers123

Registered Users (C)
I just got citizenship. I would like to apply for Parents green card.
How long do I have to wait before I can petition or apply for parent’s green card? Is there any waiting period?

My parents are legally here in USA. But yesterday, they are approved for tourist visa extension B2. When we applied for extension, we said that we are returning to home country and our plan of stay is temporary.

Now if we apply for Greed card and planning to say permanently will that effects the new application? Will they think we lied before? We actually didn’t but we like to get GC so that we don’t have to deal with extensions and things like that.
I need opinion in this.
 
Don't worry too much about the reason you stated for extension. I have come across some cases on the forums where this has happened. Since you got the extension approved, your parents are safe - so go ahead and file I-130,I-485 bunch for your parents right away.

In some parents' cases they don't even get called for interview, they get interview waiver and are approved directly - i.e. they get approval letter from SC. Even if there's a remote chance they get scheduled for interview and if they are asked this question, you can tell them the same reason you've mentioned in your post - that they changed their mind and decided to stay.

Please read the sticky thread for parents GC in this forum. It has a lot of info that you might want to know when filing.
 
I remember reading not to file your 485 until 60-90 days after you file for an extension for marriage based AOS (same as not getting married until 60-90 after you enter on a B visa). Don't know if this applies for parents but it might be something to look into more.
 
sometime2006 said:
I remember reading not to file your 485 until 60-90 days after you file for an extension for marriage based AOS (same as not getting married until 60-90 after you enter on a B visa). Don't know if this applies for parents but it might be something to look into more.
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If a person enters US with a B-visa (or any other non-immigrant visa, excepting visas with dual intent), there is a wait period of 60-90 days before AOS can be filed. This is not a written rule, but rather an interpretation of lawyers based on certain cases. This makes sense because if you file for AOS as soon as you entered US, it would prove that you lied in your intent to visit US. A period of 60-90 days is considered a period in which a person can change his/her mind regarding the earlier stated intent to enter US. However, there is no waiting period with respect to extension of visitor visas (atleast i have not come across anything that is specific to visa extensions) so i guess there shouldnt be any problem to file AOS right away in this case.
My two cents ;)
 
earthlovers123 said:
I just got citizenship. I would like to apply for Parents green card.
How long do I have to wait before I can petition or apply for parent’s green card? Is there any waiting period?

My parents are legally here in USA. But yesterday, they are approved for tourist visa extension B2. When we applied for extension, we said that we are returning to home country and our plan of stay is temporary.

Now if we apply for Greed card and planning to say permanently will that effects the new application? Will they think we lied before? We actually didn’t but we like to get GC so that we don’t have to deal with extensions and things like that.
I need opinion in this.
Click to expand...

I-130 you can file as soon as you get out from the Oath ceremony.
I-485, in my personal opinion, for your specific situation, also right away. But on this one, I'll say you should ask for more opinions.
 
This is not a written rule, but rather an interpretation of lawyers based on certain cases.
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This is a written rule... Have a look at the Foreign Affairs Manual. The FAM rules are used by USCIS to deny applications for misrepresentations based upon use of the visa.

A period of 60-90 days is considered a period in which a person can change his/her mind regarding the earlier stated intent to enter US
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No, the rule deals with intent and misrepresentation at the time of entry or visa application, not about changing the mind. 9 FAM 40.63
 
sometime2006 said:
This is a written rule... Have a look at the Foreign Affairs Manual. The FAM rules are used by USCIS to deny applications for misrepresentations based upon use of the visa.

Interesting. Can you provide a link to the FAM?

No, the rule deals with intent and misrepresentation at the time of entry or visa application, not about changing the mind. 9 FAM 40.63

I agree. At the time of entry or application, intent matters a lot. But people often change their minds once they enter, hence the intentions change with time. Some come with a pre-conceived intent and lie to the USCIS. This is a human trait and nothing much can be done regarding this. The allowable time factor has been prescribed as 60-90 days, but the ultimate decision rests on the officer looking at the case.

I know a lot of people in this forum who applied for AOS less than 30 days of their entry to the US and got their GC approved. Im not sure if this is due to USCIS negligence of the rules or just that USCIS didnt care. Eitherways, i know that filing for AOS as soon as one enters US would raise suspicion as to their original intent, but like i said, it depends on the officer looking at the case.
Click to expand...
 
http://foia.state.gov/regs/search.asp

It is important to note that from my understanding, the FAM is NOT binding on USCIS, only State Department... However, they do use it for misrepresentation involving Visas. Most BIA use the "Spur of the Moment" argument when dealing with marriage and visas, not the 30/60/90 rule.

But, this is a tool that USCIS and the State Department can and does use so it is very important IMHO.
 
It is a manual for the department of state (actually the USCIS has its own field manual for officers as well for interviews), is a guidance. But in any case is on the officer discretion and the law to do so.

A manual is "based" on the law but is not the law per se is a procedures/instructions on how things can be done based on the law (INA). I read that manual before (and especially the one from USCIS for field officers at interviews) and I even consulted with a lawyer about it, that anyway is discretional is a guidance and should be takes as that.

For parents issue they really don't get in that situation so much. For marriage cases is a totally different issue because can be consider that the person married a USC to skip the immigration laws. In the case of the parents the only issue will be that they will fault on their extension. Many people because did not know that they can apply for their parents applied for extension and they anyway applied for AOS when they realize it even with an approved extension.

My 2 cents...
 
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