Qn about US Citizen sponsoring parents for Green Card

C

CrossHairs

Registered Users (C)
Person A is a US Citizen.

Person A wants to apply for green card for parents who are residing in some other country.

It is said that Person A should apply for the GC for parents only when they are *not* visiting the USA. If parents are visiting the USA (on Visitors Visa), you should wait till they go back to home country before you apply.

Is this true?


PS: This question may belong to this forum or GC forum. Since I mainly post in this forum, I am starting here.
 
Not true. If parents came to the US without the intent to immigrate, the concurrent I-130/I-485 application can be filed while they are here (at least after 60 days after their arrival).
 
Aibolit,
Thanks for your reply.



Posting the link only to clear up the confusion:
http://www.murthy.com/chatlogs/ch101507_P.html

It says "especially if within 60 or 90 days"
But in general two reasons given why doing it from abroad (that is when parents are in the home country) is better:

1. Safer to do it that way
2. Faster processing
 
CrossHairs, if Person A's parents enter the US on a nonimmigrant visa (such as a visitor visa) with the intent to file for AOS to permanent residency, it is considered immigration fraud. Making false statements to a Consular Officer can result in a permanent ban from entering the United States.

If Person A's parents obtain a visitor visa with intent to visit, and then after their entry (or more specifically, after the last time they reaffirmed their nonimmigrant intent, such as filing for an extension of stay) they find they like it here so much they never want to leave again, then the 30-60-90 day rule is applicable.

If Person A's parents have immigration intent already before visiting the US, they should use consular processing.
 
Last edited by a moderator:
Thanks for your response.

Ok, but proving when the "intent" started (before the visitor trip or during their stay here) will be a tough thing. Thats probably why the general recommendation to apply while in home country.

Proving the timing of intent will become complicated probably.
 
Yes, and proving that your parents did not have the "intent" before the trip or that they did not commit immigration fraud is UP TO YOU to prove, not to USCIS.
 
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