Naturalizing this year - sponsoring GC for parents

[freebirdatlast]

Hello all,
I have a some questions regarding sponsoring GC for my parents. I am naturalizing this year and I want to start processing their GC by Dec 2007. I am a little unclear on a few things and need some expert advise. My parents currently have a 10 year multiple entry B2 expiring in 2015.

1. If I start their GC process, would they still be able to enter the US using
their B2 or will the B2 become invalid as soon as the GC petition is filed?

2. Can I sponsor their GC while they are visiting the US, so they can get
their approval without going back to India? In that case will I be able to
request USCIS to extend their I-94 until their GC is approved?

3. Which of the 2 would get them the GC faster, them being in India while I
apply for the GC or them being here in the US with me while I do the
same?

Any advise would be highly appreciated. Thanks!!

 

[Triple Citizen]

A1: If you file an I-130 for them, their B-2 visas will not become invalid. However it will be very tough for them to prove non-immigrant intent at the POE. They risk being turned away and sent back.

A2: If they go the AOS route, their I-94 expiry date will hold no meaning once the I-485/I-130 package is submitted. They will be in legal status until it is adjudicated.

A3: That depends on the local DO load and the local (in India) consulate load. Just bear in mind that AOS will carry the small risk of being accused by USCIS of misrepresentation at the POE.

1. If I start their GC process, would they still be able to enter the US using
their B2 or will the B2 become invalid as soon as the GC petition is filed?

2. Can I sponsor their GC while they are visiting the US, so they can get
their approval without going back to India? In that case will I be able to
request USCIS to extend their I-94 until their GC is approved?

3. Which of the 2 would get them the GC faster, them being in India while I
apply for the GC or them being here in the US with me while I do the
same?

 

[freebirdatlast]

After parents get their GC

Thanks for your response Ghori. I do have a couple more questions and if you
or someone can help answer them, it would be great.

1. After my parents get their GC, I would urge them to Naturalize in 5 years.
But would that mean they won't be able to stay out of the United States
for more than a few months? They own property in India and would have
to be there once every year to take care of the formalities. How many
months in a year can they stay out of the USA?

2. Would they be eligible for any medicare after they get their GC and before
naturalizing, when they are in the United States? If not, would I be able
to buy insurance for them for those 5 years or at least include them in my
dependents list while filing my tax returns to get some tax credits?

Anyone with experience regarding the 2 points mentioned above, please
respond. I will greatly appreciate.

 

[LucyMO]

2. Would they be eligible for any medicare after they get their GC and before
naturalizing, when they are in the United States?

no

If not, would I be able
to buy insurance for them for those 5 years

yes

or at least include them in my
dependents list while filing my tax returns to get some tax credits?

yes with conditions