I130 question

G

gincekoyikodu

Registered Users (C)
Hi Im a us citizen applying for my parents GC.they are visitng here in USA for last one month.I am planning to apply I130 and I485 together.Is it better to wait 3 months before apply , becuase ther are visiting?Or this isn the best time to apply now?
Hopeyou can help,
Thanks alot
 
gincekoyikodu said:
Hi Im a us citizen applying for my parents GC.they are visitng here in USA for last one month.I am planning to apply I130 and I485 together.Is it better to wait 3 months before apply , becuase ther are visiting?Or this isn the best time to apply now?
Hopeyou can help,
Thanks alot
Click to expand...

1.) Do THEY actually want to immigrate?

2.) Are they aware that they will be stuck in the U.S. until they get advance parole? (That might be 3 or 4 months AFTER filing.)

3.) Do they need to go home and tie up loose ends? (How can a person decide to more to a whole other country on a whim when they had only intended a short visit? Advance preparation for a permanent move made in preparation for entry on a tourist visa is a bad thing to do.)

4.) Will their particulars easily reveal that they entered with and concealed by fraud and/or misrepresentation a preconceived immigrant intent? Did they commit fraud at entry or at time of applying for a non-immigrant "tourist" visa? Even if none of that is the case, how does it appear from the outside looking in?


Consular Processing may be the better and more practical choice for your parents' immigration.
 
CP is always the right way to do it. But if your parents descide to stay in USA, and ready to wait for 5-6 mts with out leaving USA,It is better to wait for 3mts before applying.
It will take 5-6mts from the time you apply. total 9mts.If you do CP, it will take 6-9mts and is less expensive.
 
BigJoe5 said:
Consular Processing may be the better and more practical choice for your parents' immigration.
Click to expand...

I don't think so. The CP process is long and might be lots of hassle involved. I just don't understand the whole idea of waiting "3 months" before applying. What difference does it make when you apply it? You either way applying for a GC and by doing this you intend to live in the US.
 
hmz said:
I don't think so. The CP process is long and might be lots of hassle involved. I just don't understand the whole idea of waiting "3 months" before applying. What difference does it make when you apply it? You either way applying for a GC and by doing this you intend to live in the US.
Click to expand...

If you are going to quote, please don't do it selectively. How about you address each point?
 
hmz said:
I don't think so. The CP process is long and might be lots of hassle involved. I just don't understand the whole idea of waiting "3 months" before applying. What difference does it make when you apply it? You either way applying for a GC and by doing this you intend to live in the US.
Click to expand...

When you apply for a Visitors Visa, You technically fill out in the application that you dont have any intentions to immegrate to USA, you will just be going for vaccation. On that basses you will be issued a Visitors visa. So when you enter the USA on a visitor you technically are on the same words you filled in the original application that you have no intentions of immegrating, and when the IO askes you at the port of entery how long will you stay? you tell him 3-4-5 or 6mts time. and he stamps I94 the required date for you to leave the country. So if you come home and apply for I 130 and I 485, You did a fraud.
1. You lied in your initial application to get the Visitors visa.(That you have no Intentions to Immegrate)
You can argue on this by stating that you changed you mind after getting tha Visitors Visa. You are right you can change your mind, Then you need to appy for Immegrant visa In your home country. You should not enter on NON Immegrant Visa
2. You lied to the IO at the port of entery that you will leave after 4-5-of 6mts.
Ya, You had intentions of leaving back, but you can state that you changed your mind. Ya, Now to make the IO convince that you never had intentions to apply for GC when you enterd to usa in Visitor visa, You need to wait atleast for 3mts , so that you can tell him that after staying for 3mts you desided to stay here for long time and my I94 is good only for 4-5-6mts i applied for GC.
It does not mean that he will beleave you, but may be your chances are fair.

And CP is not complicated. I did it and it went fine Nov 2010- june 2011 start to finish. If you do it the right way, and are on top of things the USCIS needs.
 
You must log in or register to reply here.
Top