GC for parents

S

S Prabhu

Registered Users (C)
Hi all,
My sincere apologies if this question is repeated.

My wife's sister, a US citizen, wishes to apply GC for her parents based in India. If her parents come to US on a visitor's visa and then their GC is applied, how long does it take for the GC approval?
Can they stay in US until it is approved? Is it safe to apply for their extension until the GC is approved?

Is it better/quicker to go thru the EAD process or Consular processing?
What are the forms to be filled?

I appreciate your info,
thanks
 
It is best to apply for their I-130 now and have them get the visa in India. If they come here and you apply for them, there is a possibility in the post 9-11 world that they will be denied for changing their intent.

You see on visitor's visa, you are not allowed to change your intent. H-1 is a dual intent visa.

What you have to bear in mind that parents of a USC come under the immediate relative of a USC ( IR ) category. That is a family based category.

Many people who have gone through employment based GC tend to confuse the GC process for a family based category. CP is the best alternative.
 
You sister should still be able to file I-130 and I-485 simultaneously for her parents, even if they enter on a visitor's visa. Under INA 245(a), they qualify to adjust status as immediate relatives of a USC, even if they have overstayed a visa or entered on the Visa Waiver program---both factors which would normally preclude them from adjusting status. It is my understanding that the specific language in INA 245(c)(2)---which allows immediate relatives (including parents of U.S.C.s) to adjust status, irrespective of overstaying or entering on a visitor's visa---supercedes the more general language of INA 212, which would ordinarily preclude visitors from doing so.

This information is confirmed on the INS website at http://www.ins.usdoj.gov/graphics/howdoi/LPReligibility.htm. Processing times generally depend on your INS jurisdiction. I can't advise you on consular processing times.

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DISCLAIMER: I am not an attorney, nor have received any formal legal training. You are advised to consult with a qualified immigration attorney to clarify any information provided herein.
 
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