Steps to File GC for Parents

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hmm2003

Registered Users (C)
help! File GC for Parents

Hello,

I followed some steps for filing GC for parents :

1)file form I-130 separate for mother and father.
2) wait time for I-130 approval is approx. 6 months in vermont

questions:

a) can I file form i-130 for my parents after they arrive in US on visitor visa ?

b) If I-130 is not approved within 6 months , do they have to go back or can they extend their stay while still on visitor visa ?

c)After I-130 what are steps to be carried out ?

Thanks in advance for your help.
 
Last edited by a moderator:
Do you have citizenship? Then also file I-485. If they come on visitors visa, wait for at least 3 months before filing immigration papers.
 
Steps to File GC for Parents-help needed

Hi Elizabeth,

Thank you for you reply.

I will be getting my citizenship by May.

Meanwhile can I call my parents on Visitor visa ? If yes then

1) Can I file for their Green Card (i.e I-130 )while they are here ?
2) After 6 months would they have to go back and wait for their I-I-130 approval .

In short can my parents be with me initially on visitor visa and stay with me till they get their Green card ?

Thank you for your help.
 
You can file only when you are naturalized (not before that).

When you are a citizen you can file I-130 and adjustment of status at the same time. This way your parents can remain in US while application is pending.
 
Here is my 2 cents: given the current scrutiny and backlog and all the war-related stuff, it's not such a good idea to have your parents come over on visitor visa and then apply for change of status from "non-immigrant" to "immigrant" intention. This has caused some parents of USC's in CA--I know some personally.
It's safest to apply for consular processing whereever your parents are.
 
But, during consular processing, can the parent visit U.S.? How long does consular processing take?
 
No, Parents can not visit USA during consular processing.
What does it mean by "USC" in above mentioned statement.

"This has caused some parents of USC's in CA"

Jagruti
 
Originally posted by jagruti4
No, Parents can not visit USA during consular processing.
What does it mean by "USC" in above mentioned statement.

"This has caused some parents of USC's in CA"

Jagruti
Click to expand...

USC=United States Citizen
 
Now that, it is sort of late for me, as my parents have already baught tickets to visit me, I would like to know, what kind of problems parents of USC's have encountered?

Do they just deny the immigrant visa or do they just delay the process? If they deny the visa, is that the end of it or can someone apply for appeal?

Only other option I see right now, is that they can just go back after their visa stay and then I can file I-130 for them.

Jagruti
 
They had come to the US on a visitor's visa, which is a clearly nonimmigration visa. Thus the "intent" is not to immigrate. Then my friend sponsored them for I130 (IR), which clearly shows an intent to immigrate. Thus the INS (back then) denied the I 485 application because it violated the intent. There is always a chance that the BCIS will not take kindly to change of status requests from nonimmigration to immigration visa. This suggests premeditation and "sneakiness" on the petitioner and the beneficiary's part.
It's best if your parents can come here to visit you, then go back, and you sponsor them for a green card when they are in India. Why take a chance?
 
i think your friend is unfairly treated. there are tens of thousands of people file I-485 from some kind of non-immigration visa while inside US. If your friend's case represents general understanding of BCIS, no one could get GC unless through counsular process.

I guess maybe your friend did something too much such as filing I-485 the next day arriving US on B2.
 
Of couse, given the original statement that the parents would leave the US at the end of the B-2 visa status and do consular processing rather than AOS kind of defeats any claim to immigrant intent. In fact, it confirms their intent to leave since going that way it is not possible tob become a PR without departing the US.

Non-immigrant visas come in two flavors on type, such as B and F visas, require an intent to return to leave the US when the visa status expires and the other , such as L and H visas, intent makes no difference at all. B visas are not the same as H visas and immigrant intent if fatal to a B visa but is irrelevant to an H visa holder.
 
EMC 1234,
I hope Jim Mill's explaination answers your question. I am not an attorney and I was simply using layperson's way to explain why it's different when you change status from non-immigrant visas such as H1 and non immigrant visas such as B1 and F1.
You gotta be able to draw these fine distinctions: as Mr. Mills explains non immigrant visas come in different "flavors." Let's say that the B1 flavor is different from the H1 flavor.
 
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