Parent Greencard Interview - what to expect?

SanPi

Registered Users (C)
#1
Hi Everyone,

My parents have separate interviews for their greencard applications in 3 weeks. What can we expect at the interviews? I am their sponsor and I mailed the applications (I-130, I-485, I-693 and I-864) about 7 weeks after they arrived in the US on a visitor visa. How bad is this? Is there a chance they could be rejected based on this?

What other questions can we expect at the interview?

If all goes well, how long after the interview (at the San Antonio office) will the greencard arrive? Once their greencard arrives, my parents would like to immediately leave the US for 6 months. Is this possible or do they have to stay awhile after they get their greencards?

Thanks in advance!
 

Triple Citizen

Registered Users (C)
#2
If the adjudicating officer reckons your parents had the intent to AOS when they entered, he/she may give your parents a hard time. Otherwise, AOS for a parent should not be a tricky matter.
They can leave as soon as the they have PR status. They just need to ensure they do not lose their PR status by staying out for a prolonged period.


SanPi said:
Hi Everyone,

My parents have separate interviews for their greencard applications in 3 weeks. What can we expect at the interviews? I am their sponsor and I mailed the applications (I-130, I-485, I-693 and I-864) about 7 weeks after they arrived in the US on a visitor visa. How bad is this? Is there a chance they could be rejected based on this?

What other questions can we expect at the interview?

If all goes well, how long after the interview (at the San Antonio office) will the greencard arrive? Once their greencard arrives, my parents would like to immediately leave the US for 6 months. Is this possible or do they have to stay awhile after they get their greencards?

Thanks in advance!
 

SanPi

Registered Users (C)
#3
needurhelp and Triple_Citizen: Thank you!

needurhelp: Congratulations on your parents GC. I read your message (http://immigrationportal.com/showth...246#post1431246) and have a few questions:
1) You wrote; "we had the EAD, SSN, I-94 all attached to the PP". Did your parents get their EAD and SS# before their GC interview? My parents will only have their I-94s when they go. Did I miss filing some form for the EAD? Can I apply for my parents SSN now (without a greencard)?
2) After the interview, how long did it take beforetheir greencards arrived in the mail?

Thanks for sticking around and helping the rest of us.
 

Triple Citizen

Registered Users (C)
#4
If your parents did not have the need (or desire) to work, then there was no need to file for an EAD. Thus no SSN either. Once your parents are approved for PR, they can (and should) get SSNs.
 

UVishwanath

Registered Users (C)
#5
Parents' Green Card

Interview for G.C.-- Generally, in the interview, the details given in the application forms are cross verified by the Interviewing Officers.. So it may not be a serious matter.

It is a good idea to apply for G.C. when parents are here in U.S., on a visitor's Visa. Sometimes, paerents get G.C. within 2 months of applying and even without holding the interview. They get automatic permission to stay in the U.S. till their applications are ( in case of say name check by FBI ) disposed off/rejected . Of course after the G.C. there is no problem at all.

Once they receive the G.C. your parents are eligible to travel ourtside the U.S. The only condition is that they should come back within 6 months. Otherwise, it is safer to obtain Reentry Permit for any stay outside U.S. beyond 6 months.

Wish you all the best.
 

Anahit

Registered Users (C)
#6
UVishwanath said:
Once they receive the G.C. your parents are eligible to travel ourtside the U.S. The only condition is that they should come back within 6 months. Otherwise, it is safer to obtain Reentry Permit for any stay outside U.S. beyond 6 months.
This is a wrong statement!
Reentry permits are needed only for the trips that will take longer than 1 year, but less then 2 years.
 

UVishwanath

Registered Users (C)
#7
Re- Entry Permit

Hi Anahit,
Thank you for correcting me. I was under the impression that the onus of proving our roots in the U.S. lies with us for any absence for over 6 months to one year at the Immigration Checking -- which may be very tricky. To prove the bonafide U.S.connection, I thought the best way is to obtain Re -Entry Permit for any stay beyond 6 months too.

Have you any idea as to how long does it take to obtain the Re entry Permit? And can we apply for the same from ourtside the U.S. -- seeking delivery at U.S. address or temporary address outside U.S. i.e. original native country ? Thanq
 

pianoplayer

Registered Users (C)
#8
[QUOTE
It is a good idea to apply for G.C. when parents are here in U.S., on a visitor's Visa. QUOTE]

Hi:

Interesting advice. If you were an attorney, you could be disciplined for this advice. Luckily, since you are not, the only thing that can happen is that the person you are giving the advice to can get into trouble for doing something illegal.
 

UVishwanath

Registered Users (C)
#9
G C for parents

Hi Pianoplayer,

Reg your feedback, -- what is gathered by me from Green Card apspirants is that those who apply from abroad, take more time to get the G.C. While, those who apply while in U.S. who are on a regular visitors' visa get their G.C. more quickly. Please advise me where did I go wrong in saying that those aspirants can apply while they are in the U.S. and Nothing wrong in that. Because, it is also prescribed that if one has applied for G.C. he or she can stay as long as his/her application is disposed off either way purely due to the pending process at the USCIS. For such a stay beyond the period allowed by the Immigration Officers at the time of entering U.S. is necessitated due to the process demanding the presence of those applicants to appear for interview etc. Kindly clarify
 

Anahit

Registered Users (C)
#10
pianoplayer said:
[QUOTE
It is a good idea to apply for G.C. when parents are here in U.S., on a visitor's Visa. QUOTE]

Hi:

Interesting advice. If you were an attorney, you could be disciplined for this advice. Luckily, since you are not, the only thing that can happen is that the person you are giving the advice to can get into trouble for doing something illegal.
I left this one for you to reply. ;)
 

Anahit

Registered Users (C)
#11
UVishwanath said:
Hi Anahit,
Thank you for correcting me. I was under the impression that the onus of proving our roots in the U.S. lies with us for any absence for over 6 months to one year at the Immigration Checking -- which may be very tricky. To prove the bonafide U.S.connection, I thought the best way is to obtain Re -Entry Permit for any stay beyond 6 months too.
You don't need a reentry permit if you're going to be away for up to a year. However, the trips for over 6 months will interrupt your continuous residency. (Note that the reentry permit won't help you there.) So, when you apply for citizenship, you need to consider that.

Have you any idea as to how long does it take to obtain the Re entry Permit? And can we apply for the same from ourtside the U.S. -- seeking delivery at U.S. address or temporary address outside U.S. i.e. original native country ?
It usually takes up to 3 months. I think, you should be here to apply.
Read the instructions on I-131.
 

pianoplayer

Registered Users (C)
#13
UVishwanath said:
Hi Pianoplayer,

Reg your feedback, -- what is gathered by me from Green Card apspirants is that those who apply from abroad, take more time to get the G.C. While, those who apply while in U.S. who are on a regular visitors' visa get their G.C. more quickly. Please advise me where did I go wrong in saying that those aspirants can apply while they are in the U.S. and Nothing wrong in that. Because, it is also prescribed that if one has applied for G.C. he or she can stay as long as his/her application is disposed off either way purely due to the pending process at the USCIS. For such a stay beyond the period allowed by the Immigration Officers at the time of entering U.S. is necessitated due to the process demanding the presence of those applicants to appear for interview etc. Kindly clarify
Hi:

I am not going to lay it all out again. I have done so numerous times on this website and in recent posts. The brief summarized version:

YOU CANNOT ENTER THE US ON A NONIMMIGRANT VISA WITH IMMIGRANT INTENT. IT IS ILLEGAL. THOUGH SOME MAY GET AWAY WITH IT, IT DOES NOT MAKE IT LEGAL.

There is a narrow exception for people who have entered on a tourist visa with pure nonimmigrant intent, who had a legitimate change of intent. Such a change of intent is hard to prove, but it does happen occasionally, e.g. parents come to visit for 5 months, planning to return. One parent gets sick, requiring medical treatment not available in the home country. Parents decide it would be best to remain in the US indefinitely.

Your blanket statement that it is good to apply for AOS while on a tourist visa is misinformation - a broad sweep and very bad advice.

Your comments above about being allowed to stay once you filed AOS and all that are correct, but that is not the issue here. All those comments are true IF AND ONLY IF you file a valid application. If USCIS takes issue with your intent at initial entry, it may deny your application and you can be placed in removal proceedings.

You may not have intended to give bad advice. But do some research first. It is very annoying that this issue has to be explained over and over on this forum when you can easily search or even consult posts made a couple of days ago, when we addressed this issue.
 

UVishwanath

Registered Users (C)
#14
Parents' Green Card

Hi,

Thank you for clarifying my sweeping statement. If I had mentioned clearly that such a provision is applicable only to visiting parents with B1/B2 Visa it would have been correct. I was keeping in mind the first question as to " whether one can sponsor G.C. papers for the parents visiting the U.S. --- and whether they can visit their home country for 6 months after the G.C. is issued etc ". I should have worded my statement more carefully. I have come across several cases of parents getting their G.C.sometimes within 2 months of applying, while being here during their visit here. And in these threads I read that parents applying from their home country have to go through Consular processing and this process may take longer time for disposal. Hope I have not misguided any readers. Thanks again.
 

pianoplayer

Registered Users (C)
#15
UVishwanath said:
Hi,

Thank you for clarifying my sweeping statement. If I had mentioned clearly that such a provision is applicable only to visiting parents with B1/B2 Visa it would have been correct. I was keeping in mind the first question as to " whether one can sponsor G.C. papers for the parents visiting the U.S. --- and whether they can visit their home country for 6 months after the G.C. is issued etc ". I should have worded my statement more carefully. I have come across several cases of parents getting their G.C.sometimes within 2 months of applying, while being here during their visit here. And in these threads I read that parents applying from their home country have to go through Consular processing and this process may take longer time for disposal. Hope I have not misguided any readers. Thanks again.
Hi:

I am sorry to say this, but still not correct. Parents visiting on B1/B2 visa, like VWP visitors, are supposed to enter on nonimmigrant intent --- the visa is not designed as some kind of bridge visa into applying for AOS. The parents are supposed to come visit AND LEAVE.

There is a narrow exception for a legitimate change of intent (see above), but this is NOT the general rule.

Now, as you point out, many have done this and some have been successful. That does not mean it is legal, nor does it mean that people should be advised to do so. Even though some USCIS officers do not always police this, others do.

Your argument that CP takes so much longer, while compassionate and arousing sympathy, is irrelevant. If the legal route takes longer, this does not justify resorting to the illegal alternative. Besides, there are many couples who patiently and legally go through this process, who (correctly) do not feel that they can be exempted from the process when that is the current legal process.

Now, I agree that CP may take too long. But in that case, that is something for the legislature and the governmental agency to address after consistent lobbying --- the appropriate remedy is NOT self-help.
 

Anahit

Registered Users (C)
#17
someguyonl1 said:
How long does it take to sponsor your parents? Can you do it as a perm resident or must you be a Naturalized USC or USC?
from 3-months to a year;
a perm res can't petition for parents
 
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