Parents Green Card processing and Travel related Query

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paam0101

Registered Users (C)
My brother just now become a citizen three months ago and now we want to process my parents green card.

My parents are presently located in India and have 10 years of Visitor visa stamped on their passport. We would like to invite them next year April to USA (on visitor visa or GC whatever works) but want to apply for green card now.

My question is if we apply for their green card which is I-130 to begin with, then can they come on visitor visa. How about a pending I-485, can they still come to USA on their visitor visa??

What we would like to make sure is they should be able to come to USA next April. Do you suggest to wait till April and then apply for GC as they are here? or Applying right now for I-130 will not affect anything?
e.g. Apply I-130 right now and once it is approved (say till dec 07) wait until they come here on Visitor visa (April 08) and then apply I-485.

Thank you much!
 
This question has been asked about 100 times. You should use the search feature of the forum.

But to answer in a nutshell. If you file a I-130 for them now, they will very likely will be denied entry to the US with a non-immigration visitor visa. Because they would have a hard time to prove that they have NON-immigrating intent.

If you file it for them while they are in the USA. They can no stay in the US beyond the time allowed on the I-94 (given at the port of entry by a BCP Officer).

Either way, the best way for them to be able to visit you is let them come visit. Let them go back to India and THEN file for I-130...

I do not have much experience on that, but from what I have read. That is what I can tell you. Again, use the search feature.
 
Last edited by a moderator:
paam0101 said:
My brother just now become a citizen three months ago and now we want to process my parents green card.

My parents are presently located in India and have 10 years of Visitor visa stamped on their passport. We would like to invite them next year April to USA (on visitor visa or GC whatever works) but want to apply for green card now.

My question is if we apply for their green card which is I-130 to begin with, then can they come on visitor visa. How about a pending I-485, can they still come to USA on their visitor visa??

What we would like to make sure is they should be able to come to USA next April. Do you suggest to wait till April and then apply for GC as they are here? or Applying right now for I-130 will not affect anything?
e.g. Apply I-130 right now and once it is approved (say till dec 07) wait until they come here on Visitor visa (April 08) and then apply I-485.

Thank you much!
Click to expand...

Hi:

Don't do the above. It is illegal to enter the US on a nonimmigrant visa with immigrant intent.

I suggest that you file I130 - once approved, your parents can do CP at the consulate abroad. (Praetorian was half-right, but you cannot do I485, because that is only for adjusting status in the US, which you cannot do, because they cannot enter the US with the tourist visa and then file AOS).

Best wishes.
 
Thank you PraetorianXI Pianoplayer for replying back, appreciate your responses.

So looks like what you are telling is Either do the whole Green Card process (I-130 +I485) while they are in India or Do the whole process (I-130 +I485) when they are here.

But doing I-130 while they are in India and then calling them here would be illegal to enter the US on a nonimmigrant visa with immigrant intent
 
The I-485 is only needed when applying for a GC in the US. If you brother submits an I-130 for them and they decide to apply for their GCs in India, they can attempt to use their visit visas. There is nothing illegal about that. However, the POE officer may (and most likely will) deny them entry and put them back on the next available plane.
 
paam0101 said:
So looks like what you are telling is Either do the whole Green Card process (I-130 +I485) while they are in India or Do the whole process (I-130 +I485) when they are here.

But doing I-130 while they are in India and then calling them here would be illegal to enter the US on a nonimmigrant visa with immigrant intent
Click to expand...
I'll repeat it for you:
For consular processing, which is what your parents should do, your brother needs to file I-130s to petition them. Your parents should be able to get their immigrant visas by April, 2008 (that's when they want to be here, right?), unless the new immigration bill about changes for USC parents passes.
 
Since there is a possibility that the rules for gc for parents may become more stringent doesn't it make more sense to bring your parents to the US on the current tourist visa they have and then immediately file 130 + 485. Some parents are getting their approvals in as little as 4 months earlier this year.

What would be an issue with this route?
 
samcal said:
Since there is a possibility that the rules for gc for parents may become more stringent doesn't it make more sense to bring your parents to the US on the current tourist visa they have and then immediately file 130 + 485. Some parents are getting their approvals in as little as 4 months earlier this year.

What would be an issue with this route?
Click to expand...

Er...how about the fact that they will be entering the country with a non-immigrant visa when they intend to stay? And that would mean lying to the immigration officer at point of entry? Bad idea.
 
The 130 is not filed before the trip and only after the person comes here is when 130 + 485 is applied.

If the point is that one cannot apply for a green card since originally the person came on the tourist visa, we are saying an Adjustment of Status application cannot be applied from a non-immigrant status to Immigrant Status. Isn't this a kind of paradox since AOS is an application to change the immigrant status. Or maybe it is not and I have understood it incorrectly.

Has there been any issue with Parents coming on B2 tourist visa and then applying a 130 + 485 from here. I tried to search on the forum and came across a few where there were issue with spouse and marriage on a B2 but any issue with Parents on a B2 to GC with AOS +130.

There are couple of cases where I live where the parents did this earlier this year and got their GC in 4 months. I know that it does not mean that this is right way therefore asking to find out if there were indeed any rejections on this account.
 
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