GC for parents-consular processing or adjustment of status?

M

mallikamt

Registered Users (C)
Hello,

I am a US citizen and have a choice between applying for a green card for my parents while they are abroad(consular processing) or via adjustment of status after they come to the US on a tourist visa. What is the better method? If I go the AOS route, can I get a work permit for them when I concurrently file the I-485 and I-130?

Thanks!
-Mallika
 
It is improper to enter intending to AOS. You have just admitted on a public forum that they have made this determination PRIOR to entry. Consular processing is the proper option.
 
Thanks, Concerned4us. My knowledge with all of this has been purely from the uscis website. It states different ways you can sponsor immediate relatives and states that adjustment of status is one of them.It does not state that it is improper to go the AOS route..but apparently it is. Thanks for confirming.
 
The AOS route is allowed, but is frowned upon for people who enter with a tourist visa. If at the time of visa application or arrival at the port of entry, they realize your parents have a US citizen son or daughter, they are likely to refuse the visa or refuse entry. But if they get past that and are admitted into the US, USCIS usually will hold their nose and approve the AOS application if the applicant is an "immediate relative" (parent, spouse, or under-21 unmarried child) of a USC.
 
USCIS holding their nose or frowning upon parents entering US and adjusting status is a myth. If your parent is properly admitted into US as a visitor and is otherwise qualified to get a permanent resident status, USCIS will not hold the pre-conceived intent to immigrate against the parent. There is clear legal precedence for this case.

If asked about intent to get a green card at the port of entry, one is not supposed to lie to the immigration officer since that will be held against the parent and USCIS can take action including deportation.
 
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