GC for parents

[resham]

My parents will be coming to US for a visit soon. They got their visitor visa 3 years ago. I recently became a citizen and would like to apply GC for them when they are here. Is it fraud to apply for GC for my parents when they are here? Someone from the forum said so, they cannot come to US on visitor visa with the intent to apply for immigration. If it is, what are my options.

My other ques is what all documents are needed while applying other than my Birth Certificates, their marriage certificates?

Finally, is I485?/Consular Processing is best option? They will be going back to their country after few months stay here. Which process would be faster? I had read that it usually take 1 yr for the whole process. Is this true? Thanks.

 

[boatbod]

A B1/B2 visa does not allow dual intent, so technically it would be wrong for them to arrive on a visitor visa with the intention of staying for I-130/I-485. However, there is nothing to say that can't decide they want to stay permanently *after* they have arrived. Its all about timing and how comfortable they'd feel answering questions about this in front of an IO.

The correct process would be for them to go through CP since they reside out of country. If they do opt for I-485, they wouldn't be able to leave the country until they had applied for AP or had their I-485 approved.