We would like to apply GC for my dad (based on my brother's citizenship). Could he come here on a B-2 and then we'll file concurrent I-130/I-485 for him. Or, does he need to stay in the home country while I-130 is pending and be interviewed in a consulate. If so, can he travel here on a B-2 while his I-130 is pending?
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GC for Dad
- Thread starter MV123
- Start date
Originally posted by MV123
We would like to apply GC for my dad (based on my brother's citizenship). Could he come here on a B-2 and then we'll file concurrent I-130/I-485 for him. Or, does he need to stay in the home country while I-130 is pending and be interviewed in a consulate. If so, can he travel here on a B-2 while his I-130 is pending?
Apply for a B2 visitor visa for him ASAP (if he already does not have it). Let him come to US and hopefully he will get 6 months stay on his B2 visa. 3-4 months after he comes here, file for I-130, I-485 and AP at the same time. He can stay here until I-485 is approved and travel using his AP. He will remain in status until I-485 is approved.
Once I-130 is applied, he will NOT get any visitor's visa since he cannot prove that his visit is temporary and he has NO immigrant intent.
detroitimmi
Registered Users (C)
I would advice against applying sponsoring your parents for a green card while they are in the US on visitor's visa. The latter is a nonimmigrant intent visa and the former is a clear violation of that original intent. In the current atmosphere BCIS could perceive this as premediated and therefore shady.