Questions reg. parents' GC application

[gurdiya]

I got my citizenship over 6 months ago. I didn’t file for my parents’ GC at that time ( my parents are in India ) because I had read that the CP route was slower than the AOS route and at that time, my folks were planning to fly over to Canada and USA on their tourist visas, so I figured I’d wait till they got here and then file AOS.

Well, due to unforeseeable circumstances, my parents haven’t been able to make that trip and I am now considering filing for their GC through CP and have them nominate me as their agent. However, there is a strong possibility that they may be required to fly to Canada in the next 6 months ( family issues )

So my questions to you all experts are :

1. What could be the potential issues with them being away from India for a couple of months ?
2. Is it possible to switch from CP to AOS ( assuming that my parents are allowed to enter the States from Canada ) ?

Thanks much
Gurdiya

 

[visaapplicant]

I got my citizenship over 6 months ago. I didn’t file for my parents’ GC at that time ( my parents are in India ) because I had read that the CP route was slower than the AOS route and at that time, my folks were planning to fly over to Canada and USA on their tourist visas, so I figured I’d wait till they got here and then file AOS.

Well, due to unforeseeable circumstances, my parents haven’t been able to make that trip and I am now considering filing for their GC through CP and have them nominate me as their agent. However, there is a strong possibility that they may be required to fly to Canada in the next 6 months ( family issues )

So my questions to you all experts are :

1. What could be the potential issues with them being away from India for a couple of months ?

They will have to be India for receiving interview letter/packet, doing medicals, paying fees etc. formalities prior to the interview and for the interview itself. Outside of that I don't think there should be any problem.

2. Is it possible to switch from CP to AOS ( assuming that my parents are allowed to enter the States from Canada ) ?

The issue may be at the port of entry. There have been cases where people have entered in US on visitor visa while they have I130 pending. But there is a risk that they may be denied entry. Assuming that they are allowed to enter US, they can switch from CP to AOS. In fact they are eligible for concurrent filing. Hence, when in US they can file for I485 package rightaway without waiting for I130 approval. Please refer to username "Ranchun"s experience in parents sticky thread among others related to this.

Thanks much
Gurdiya

 

[gurdiya]

Thanks visaapplicant.

Thanks a ton, visaapplicant.

Gurdiya

 

[pianoplayer]

I got my citizenship over 6 months ago. I didn’t file for my parents’ GC at that time ( my parents are in India ) because I had read that the CP route was slower than the AOS route and at that time, my folks were planning to fly over to Canada and USA on their tourist visas, so I figured I’d wait till they got here and then file AOS.

Well, due to unforeseeable circumstances, my parents haven’t been able to make that trip and I am now considering filing for their GC through CP and have them nominate me as their agent. However, there is a strong possibility that they may be required to fly to Canada in the next 6 months ( family issues )

So my questions to you all experts are :

1. What could be the potential issues with them being away from India for a couple of months ?
2. Is it possible to switch from CP to AOS ( assuming that my parents are allowed to enter the States from Canada ) ?

Thanks much
Gurdiya

This is the way you should have done it anyway. I do not understand why people seem to think that it is perfectly legal to come here on a tourist visa, with intent at that time to immigrate, and then do AOS. YOU ARE NOT SUPPOSED TO ENTER THE US WITH IMMIGRANT INTENT ON A NONIMMIGRANT VISA. This does not apply to people that come with nonimmigrant intent on a tourist visa and then reasonably change their mind later on.

While I know that many get away with it ---- this should not be encouraged. CP is the appropriate process to use for your parents. Anyone advising you otherwise, is IMHO simply advising you to break the law.

 

[machelon]

This does not apply to people that come with nonimmigrant intent on a tourist visa and then reasonably change their mind later on.

This is the part of the immigration that drives me nuts.
When does it ever happen that someone comes here to visit Disneyland and then says..."weez I like to be an immigrant now".
NO ONE DOES THAT !!!! Absolutely everyone who immigrates here, has ALWAYS had in the back of their minds the intent to do so. Those who never want to immigrate here...truly never really end up immigrating. No one really changes their mind.
What the USCIS needs to do is to make CP processing times about the same time as the AOS process. Maybe when a I-130 is filed, (and a visa would be immdiately available), parents can travel on a temp visa and wait for the rest of the process here. That way no one will be pulling tricks and pretend to tour the US and then do AOS here. Why does there have to be such a big difference between AOS and CP processing, when all it takes to change to the faster one is a simple "change of mind" during a Disney trip???
Like I said, every immigrant always wants to immigrate here ASAP.

 

[candyattitude]

machelon,
totally agree with you. when ppl immigrate here, they have to move their entire lives, their kids lives, everything, over here to a new country. this is not a decision that's done over a trip around america.

 

[pianoplayer]

This is the part of the immigration that drives me nuts.
When does it ever happen that someone comes here to visit Disneyland and then says..."weez I like to be an immigrant now".
NO ONE DOES THAT !!!! Absolutely everyone who immigrates here, has ALWAYS had in the back of their minds the intent to do so. Those who never want to immigrate here...truly never really end up immigrating. No one really changes their mind.
What the USCIS needs to do is to make CP processing times about the same time as the AOS process. Maybe when a I-130 is filed, (and a visa would be immdiately available), parents can travel on a temp visa and wait for the rest of the process here. That way no one will be pulling tricks and pretend to tour the US and then do AOS here. Why does there have to be such a big difference between AOS and CP processing, when all it takes to change to the faster one is a simple "change of mind" during a Disney trip???
Like I said, every immigrant always wants to immigrate here ASAP.

I completely agree with you in spirit. Notice though, that the Disneyland hypothetical is very extreme and one which I(and hopefully USCIS) would regard with suspicion.

AOS is not intended for people to make quick changes of mind like that --- as you pointed out, it becomes absurd. But AOS is designed for people who are on H1, or international students, that eventually decide to stay. I think if a reasonable person would conclude that someone did not enter on nonimmigrant visa with immigrant intent, then AOS is permissible. But the applicant must have the burden of proof --- this will eliminate all these silly Disneyland stories.

Unfortunately, although this is the policy behind AOS, USCIS seems to be taking a very liberal approach to AOS in many cases, allowing many people on VWP and tourist visas to "suddenly change their minds" --- this is unfortunate, b/c it encourages people like the OP to consider the illegal track and undermines the integrity of the immigration system.

Of course there are exceptions to every rule, but I think if a reasonableness standard is applied, that is as broad and as narrow as we can draw a rule.

 

[machelon]

I completely agree with you in spirit. Notice though, that the Disneyland hypothetical is very extreme and one which I(and hopefully USCIS) would regard with suspicion.

You keep dissmising the dineyland story...but can you build a different scenario where a parent comes on a tourist visa and within that trip (max 6 months) genuinely changes his/her ming and does AOS.
I can't. (maybe on medical emergencies?). But I think most US citizens know that they can sponsor parents, so there is no way that the intent was not there to begin with.
But...again...I repeat...I DO NOT BLAME THE PEOPLE...I blame the messed up law that allows that...or allows the difference in processing times...which is the only reason why poeple resort to this. ...I support people's intent to immigrate and understand why some do that.
As a law student...you may know if there is any plan to create another type of visa for parents of US citizens applying for GC? like the K-3 for spouses.

Unfortunately, although this is the policy behind AOS, USCIS seems to be taking a very liberal approach to AOS in many cases, allowing many people on VWP and tourist visas to "suddenly change their minds" --- this is unfortunate, b/c it encourages people like the OP to consider the illegal track and undermines the integrity of the immigration system.

WOW.... ....if you think the immigration system has any "integrity"...we are definitely on different points of view here....But thats cool.

 

[Carpe Diem]

This is the way you should have done it anyway. I do not understand why people seem to think that it is perfectly legal to come here on a tourist visa, with intent at that time to immigrate, and then do AOS. YOU ARE NOT SUPPOSED TO ENTER THE US WITH IMMIGRANT INTENT ON A NONIMMIGRANT VISA. This does not apply to people that come with nonimmigrant intent on a tourist visa and then reasonably change their mind later on.

While I know that many get away with it ---- this should not be encouraged. CP is the appropriate process to use for your parents. Anyone advising you otherwise, is IMHO simply advising you to break the law.

I do not understand why it is illegal to enter the US with immigrant intent on a nonimmigrant visa. The greater objective of immigration law is for family reunification. For many people, the means for achieving this objective maybe using B1, VWP, H1, F1, or any other nonimmigrant visas for legal entry.

If it is illegal to do AOS using nonimmigrant visas (with immigrant intent), then why is USCIS approving countless cases? It doesn't make sense.

I've read postings here of people who visit their significant others on VWP, and all of a sudden seemingly decided to get hitched and do AOS. Personally, I do not see anything wrong with that as long as they are able to prove the validity of their relationship and bona fide marriage.

It seems to me that there is a gray area or a loophole in the system, and to blame people who come here and take advantage of that loophole is just preposterous.

It is the responsibility of USCIS or Congress to plug that loophole, and NOT the responsibility of those who just wants to be reunited with their loved ones the quickest possible way.

 

[machelon]

Agree with you Carpe Diem...but unfortunately immigration law takes this stand that they initially believe you have immigrant intent unless you prove them otherwise to their satisfaction that you don't, and they provide you with the non-immigrant visa.
But then they have this thing with the toruist visa - AOS process that does not make sense to me either. I guess the ones that come up with the best exscuse, or with what the IM officer wants to hear...win the game...its non-sense.
Again I don't blame the people...I blame the system. But others like "pianoplayer", will kiss the feet of the law and blame you for breaking it...I guess I don't act like that. Like a true american citizen I always question the laws...and always defend the people first.