I-130 after visitor visa for parent denied

S

sengineer

New Member
I am a naturalized US citizen and would like some suggestions on what to do next. I entered the US on a visitor visa after marrying my wife in my own country to see what the US was like but ended up staying and then the typical case...got green card, worked then citizenship. During my green card status my parents and disabled (age> 21) brother applied for a visitor visa to come see my kids and were denied based on my entry into the US and me subsequently staying.
Now that I am a citizen and I need to care for them both physically and financially, I would like to have them with me and want to know if applying with I-130 would be worth the effort. Would I just get denied and if so, how can I petition this?
I know it sounds cliche but I really had no intention of staying when I visited but for anyone who is married will understand, at the time my wife pleaded for me to stay as we had already been apart for months and she was under the impression that it would be legal to stay ( I didnt know better either). The funny part was that during my green card interview, all this was evident but I was still approved.
Does anyone think there is anyway around this?
 
You can file I-130 for each of your parents, they can then obtain an immigrant visa at a US consulate in their country. It should take 6-12 months from start to finish. For I-130 you will need your birth certificate to show your parents names and proof of your US citizenship. At the timterview your parents will need their birth certificates, your affidavit of support, medical test results, fees, etc.
 
They were denied tourist visas because they were suspected of having immigrant intent. I-130 and the resulting green card is specifically for immigrant intent, so that tourist visa denial will not affect their green card application.
 
Jackolantern said:
They were denied tourist visas because they were suspected of having immigrant intent. I-130 and the resulting green card is specifically for immigrant intent, so that tourist visa denial will not affect their green card application.
Click to expand...

Thanks for your response. Good to know and hope it works out. Do you know any restrictions on the case of my brother. He is 30 plus with a disorder that has left him physically disabled. I will just have to file a separate application for him and hope for the best correct?
 
Your parents can immigrate in less than a year, but your brother will have an estimated wait of over 11 years to immigrate because siblings go into the slowest family category. And when he moves to the US he won't be eligible for disability benefits because he hasn't worked in the US.
 
You must log in or register to reply here.
Top