Question on GC process for Parents

[kuchchbhee]

Hi,

I have few questions which remain un-answered after i looked thru past questions and I-130 Sticky. Thanks all.

i) I filed I-130 for my parents mid November 2008. My friend tells me i could have filed few other applications along with it including I-485. Is that correct?

2) Is it too late for me to file other applications? What are the other applications?

3) I just learnt about "I-864" and DS3032 (Choice of Address & Agent)... What address are these mailed to? To my parents overseas address? Is it sent by registered post or courrier?

4) I was planing to go thru CP... but my parents are planing to visit US in July 2009 timeframe. Should i consider different route? They wont be in US for more than couple of months when they visit.

 

[TheRealCanadian]

My friend tells me i could have filed few other applications along with it including I-485. Is that correct?

Are they in the US? If not, then no.

I was planing to go thru CP... but my parents are planing to visit US in July 2009 timeframe. Should i consider different route? They wont be in US for more than couple of months when they visit.

No.

 

[Jackolantern]

4) I was planing to go thru CP... but my parents are planing to visit US in July 2009 timeframe. Should i consider different route? They wont be in US for more than couple of months when they visit.

If they pursued the I-485 route, they'd risk problems resulting from them having entered the US with a tourist visa. The I-130 for them was already filed, so USCIS is likely to reject the green card on the basis that they had a premeditated intention to immigrate when entering with the tourist visa.

They also risk being sent back when they attempt to visit, as a result of that I-130. Their green card is likely to be processed before the end of 2009 anyway, so why invite trouble just for the sake of a few months?

 

[tdas63]

If they pursued the I-485 route, they'd risk problems resulting from them having entered the US with a tourist visa. The I-130 for them was already filed, so USCIS is likely to reject the green card on the basis that they had a premeditated intention to immigrate when entering with the tourist visa.

They also risk being sent back when they attempt to visit, as a result of that I-130. Their green card is likely to be processed before the end of 2009 anyway, so why invite trouble just for the sake of a few months?

Not necessarily correct. I had first I-130 approved and in hand with me
for my parents. Then they have entered US with visitor visa when I-130 has already been approved and sent to me and only after they have entered on visitor visa I have filed I-485 and AP. AP has been already approved. So please in absence of any hard and fast laws and examples, no false information. Thank you.

 

[Jackolantern]

Not necessarily correct. I had first I-130 approved and in hand with me
for my parents. Then they have entered US with visitor visa when I-130 has already been approved and sent to me and only after they have entered on visitor visa I have filed I-485 and AP. AP has been already approved. So please in absence of any hard and fast laws and examples, no false information. Thank you.

I didn't say there is a guarantee of being rejected. There is a risk as a result of the added indicator of immigrant intent (the I-130). Remember the presumption is that all visitors want to immigrate, so they (IOs) don't have to prove it; the burden of proof is on the visitor to show otherwise.

And you don't know if their I-485 will be approved yet. Given their circumstances, they could have big problems trying to convince an interviewer of lacking immigrant intent at the port of entry. AP being approved doesn't mean the I-485 will be approved.

 

[GotPR?]

Not necessarily correct. I had first I-130 approved and in hand with me
for my parents. Then they have entered US with visitor visa when I-130 has already been approved and sent to me and only after they have entered on visitor visa I have filed I-485 and AP. AP has been already approved. So please in absence of any hard and fast laws and examples, no false information. Thank you.

At the same time, there are a lot of people who got denied non immigrant visa due to the immigration petitions. Hell, even though immigration petitions weren't filed, a lot of F1 visa got denied simply beause of the suspicion of immigration intent.
If you wanna roll the dice, go ahead, but immigration intent NEVER HELP to get non-immigration visa with a few exception.