IR-5 : Sponsoring Parents for LPR while in the US

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second stage

Registered Users (C)
I have been considering sponsoring my parents for LPR(aka Green Card) and need some clarification.

Background Info: Parents are on Visitor's visa legally in the US and their I-94 expires in July 2009.

1. Its my understanding that I need to fill-in the following forms : I-130 and I-485 for each applicant.

2. I can also file I-131(travel permit), which will allow them to travel while their petition is being adjudicated.

My question is, would the I-131 be approved prior to I-130 being approved?

Also, I see most applicants sponsoring their parents who live outside the US. Has anyone successfully sponsored their parents while their parents lived in the US on Visistor's visa?

How long is the I-130 and I-485 combined taking these days..The time line shows about 6 months for I-130...
 
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second stage said:
Has anyone successfully sponsored their parents while their parents lived in the US on Visistor's visa?
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Yes, some people do it successfully that way, but it is frowned upon by USCIS because it violates the nonimmigrant intent condition of the visitor's visa, and can be a reason for denial of the I-485. The cleaner more acceptable way is to have them wait outside the US and pursue consular processing (you could file I-130 [without the I-485] while they are still in the US, then they would return to the US before the visa expires and wait for the interview at the consulate).
 
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Jackolantern said:
Yes, some people do it successfully that way, but it is frowned upon by USCIS because it violates the nonimmigrant intent condition of the visitor's visa, and can be a reason for denial of the I-485. The cleaner more acceptable way is to have them wait outside the US and pursue consular processing (you could file I-130 [without the I-485] while they are still in the US, then they would return to the US before the visa expires and wait for the interview at the consulate).
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Thanks for the response.

My parents will be travelling to another state to visit, If I do apply and receive FingerPrint notification, Can they goto the nearest ASC center and get their bio-metrics done?
 
second stage said:
My parents will be travelling to another state to visit, If I do apply and receive FingerPrint notification, Can they goto the nearest ASC center and get their bio-metrics done?
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They can attempt a walk-in at any other location, but they may get turned away. It is up to the discretion of each location whether they will accept walk-ins for people whose actual appointment is for a different date and/or place. And it is a day-to-day thing; one day they accept walk-ins, the next day they don't. It depends on how busy they are and what their mood is. So your parents should not count on being able to give fingerprints at another location.
 
two addresses or one address?

Jackolantern said:
They can attempt a walk-in at any other location, but they may get turned away. It is up to the discretion of each location whether they will accept walk-ins for people whose actual appointment is for a different date and/or place. And it is a day-to-day thing; one day they accept walk-ins, the next day they don't. It depends on how busy they are and what their mood is. So your parents should not count on being able to give fingerprints at another location.
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ahhh..thanks for letting me know...Is it possible to request USCIS to schedule an appointment at a specific location or do they go by petitioner's filing address or beneficiaries' current living address?

Am trying to understand if its OK to have two different addresses for petitioner and beneficiary or should they have one address in the applications filed.
 
It is perfectly legal for parents of US citizens to apply for adjustment of status while in the US. In 2008, 87000 cases were approved at a US consulate and 34000 AOS cases were approved for parents of US citizens. If USCIS frowns upon AOS option for parents, you won't see approvals at these levels.
 
nkm-oct23 said:
It is perfectly legal for parents of US citizens to apply for adjustment of status while in the US. In 2008, 87000 cases were approved at a US consulate and 34000 AOS cases were approved for parents of US citizens. If USCIS frowns upon AOS option for parents, you won't see approvals at these levels.
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Thank you for these stats..this is encouraging! :D

I googled for it and found the link..

http://www.dhs.gov/xlibrary/assets/statistics/publications/lpr_fr_2008.pdf

Table 2 shows that 121,000, 116,000 and 120,000 new LPRs based on the criteria 'Parents of US Citizen' for year 2008, 2007 and 2006 were approved.

This however doesn't tell me what the status of the Parents of US citizens were when they arrived in the US.
 
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second stage said:
Table 2 shows that 121,000, 116,000 and 120,000 new LPRs based on the criteria 'Parents of US Citizen' for year 2008, 2007 and 2006 were approved. This however doesn't tell me what the status of the Parents of US citizens were when they arrived in the US.
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And it doesn't break it down between AOS and CP, unless I missed something.

But what's worth considering is that there are probably far more B visa rejections for the parents of US citizens than there are successful AOS applications.
 
TheRealCanadian said:
But what's worth considering is that there are probably far more B visa rejections for the parents of US citizens than there are successful AOS applications.
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How do you substantiate this?

Does USCIS publish these stats(B-2 AOS rejections vs regular AOS rejections). If so, then I would be very interested in it. Would save me lot of time, money and hassle...
 
nkm-oct23 said:
It is perfectly legal for parents of US citizens to apply for adjustment of status while in the US. In 2008, 87000 cases were approved at a US consulate and 34000 AOS cases were approved for parents of US citizens. If USCIS frowns upon AOS option for parents, you won't see approvals at these levels.
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I didn't say they banned it. They just hate it. You think they would even let the parents into the US if when they arrived at the POE with their tourist visa they told the officer that they were going to file AOS?

And they sometimes deny I-485 applications for it, in particular if the AOS is filed very soon after entering with the tourist visa. They also reject lots of B visas every day for parents of citizens because of the expectation that they will attempt AOS.
 
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second stage said:
Thank you for these stats..this is encouraging! :D

I googled for it and found the link..

http://www.dhs.gov/xlibrary/assets/statistics/publications/lpr_fr_2008.pdf

Table 2 shows that 121,000, 116,000 and 120,000 new LPRs based on the criteria 'Parents of US Citizen' for year 2008, 2007 and 2006 were approved.

This however doesn't tell me what the status of the Parents of US citizens were when they arrived in the US.
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To see the breakup between AOS and CP check out this excel spreadsheet:
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2008/table06d.xls

This is the source for my previous post.
 
Jackolantern said:
I didn't say they banned it. They just hate it. And they sometimes deny I-485 applications for it, in particular if the AOS is filed very soon after entering with the tourist visa. They also reject lots of B visas every day for parents of citizens because of the expectation that they will attempt AOS.
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Love and hate don't play into this, they either approve AOS or they don't. Based on statistical facts, between 30% to 40% of parents' green cards were issued thru AOS in the last several years (based on USCIS statistics).

Do you have any basis for your statement that USICS hates or frowns upon AOS process for parents?
 
nkm-oct23 said:
Do you have any basis for your statement that USICS hates or frowns upon AOS process for parents?
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It's not AOS they frown on per se. It's AOS coming from B1/B2 status. They reject numerous B1/B2 applicants every day because of the mere expectation that they will attempt AOS. AOS goes against the nonimmigrant intent condition of the visa. If you don't believe me, have your friends or relatives tell the interviewer at the consulate or officer at the POE about their intention to file AOS after entering the US with a tourist visa, and see what happens.
 
TheRealCanadian said:
I'm not talking about I-485 denials. I'm talking about the thousands of B visas that are rejected within seconds at US Embassies and Consulates abroad.
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Well, that maybe the case but unless USCIS denies every AOS application based on B-2, I think we could be interpreting the law in a different way.

If you run into any stats(absolute numbers)about AOS rejections based on B-2, please post it here...
 
It's not 100% certain they will reject AOS for b1/b2 but there's a chance. You'll just need to be prepared to have all required documentations on hand before applying for adjustment and be ready to answer any harsh questions if there's an interview.

This is one of the LOOPHOLE that is still opened, I am sure one day they will close it.
 
TheRealCanadian said:
I'm not talking about I-485 denials. I'm talking about the thousands of B visas that are rejected within seconds at US Embassies and Consulates abroad.
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In this case, I do agree with TheRealCanadian and Jackolantern, in Vietnam, the application fee for B1/B2 visa is $130/each, and the rejection rate is 95%. My parents told me that on the day they went to US consulate for interview for their visa, there were around 70 ppl waiting and only 4 got approved.
Stupid thing is sometimes they approve either husband or wife, and reject the other. Well, forget about family travel then!!
They gave no reason for rejection decision, most of the time they don't even ask a single question. All they did were say "Good morning" to my parents and approved.
$130 is really big deal in Vietnam, and the rejection rate is crazy.
 
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bestpal said:
This is one of the LOOPHOLE that is still opened, I am sure one day they will close it.
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This is not a LOOPHOLE. I-485 is in place for non-immigrants to LEGALLY change their status to immigrant if they are already in the US. Every year, thousands of non-immigrants file I-485 who do not hold a B1/B2 visa. According to your claim, any non-immigrant, B1/B2 or not, filing for AOS is really cheating the system. That is not the case.
 
VisaNutz said:
This is not a LOOPHOLE. I-485 is in place for non-immigrants to LEGALLY change their status to immigrant if they are already in the US. Every year, thousands of non-immigrants file I-485 who do not hold a B1/B2 visa. According to your claim, any non-immigrant, B1/B2 or not, filing for AOS is really cheating the system. That is not the case.
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It is a loophole. Loophole to adjust the status instead of choosing CP.

B visa is allowed only 6 months of stay at most. Some people change their mind after they came
to the US with B visa and apply for AOS, but I'd imagine that a lot of them or their petitioners
already had AOS in mind before they are entering.
That's violating the concept of B visa.
A lot of people got successful AOS under B status, but the more they do that, the more the US consulates
become reluctant to issue B visa to those genuinely visit the US for what B visa is designed for.
 
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