US Citizen - Sponsoring Father

L

lahoritamia

Registered Users (C)
I'm a US citizen and I would like to bring my Dad to the USA. He is a visitors visa holder. I was thinking on bringing him here then start the process.
Is this a good idea? or is best for me to start everything while he stays in my home country? I was reading some of the posts were they mentioned that there is a waiting period time of 90 days before I can do anything for him. Is this common?
Your comment will be appreciated.
 
It is considered fraud to have him enter the USA using a non-immigrant visa, when his intentions are to immigrate to the USA.

Go through Consular Processing.
 
but his intention is not changing. He is already INTENT on immigrating after entering on a non-immigrant visa. It's a no-no.
 
There is absolutely no problem applying for a green card after your father has spent 3-4 months in the US on a visitor's visa. In order to file for I-130 and I-485 the beneficiary has to be admitted into US legally and be in status when application is filed.
Please read the following document:
http://www.uscis.gov/files/article/A1eng.pdf

A quote from the above document:
"If your relatives are already in the United States and
entered legally, then they may be able to file an I-485
application to adjust their status to lawful permanent resident
at the same time as you file the I-130 relative petition."
 
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nkm-oct23 said:
There is absolutely no problem applying for a green card after your father has spent 3-4 months in the US on a visitor's visa. In order to file for I-130 and I-485 the beneficiary has to be admitted into US legally and be in status when application is filed.
Please read the following document:
http://www.uscis.gov/files/article/A1eng.pdf

A quote from the above document:
"If your relatives are already in the United States and
entered legally, then they may be able to file an I-485
application to adjust their status to lawful permanent resident
at the same time as you file the I-130 relative petition."
Click to expand...

When entering using a visitor visa, the alien CLAIMS non-immigrant intent at the port of entry, telling the officer "I am here to visit my family for a few months and expect to return to my home country".

If by circumstances or whatever, this alien changes his mind later on, it is OK for him to file for AOS.

However, if he knows before hand that he will be filing for his GC before entering the USA. He is then LYING the POE officer, claiming he does not have intentions to stay in the USA, when he in fact does.

This is considered fraud, misrepresentation at the POE.

You may not, use a non-immigrant visa, with clear, define and pre-conceived immigrant intent.

If you think that is OK, then ask your father to tell the POE officer, when he asks "What's the purpose of your visit?" to reply "I am here because my son wants to file for my GC". Do you think they will let him in? since it is OK?

Actions like this do not only show a lack of integrity, but also hurt the chances for other parents to obtain visas in the home country, because of the fraud and lack of honoring the visa terms of people like them.
 
PraetorianXI said:
When entering using a visitor visa, the alien CLAIMS non-immigrant intent at the port of entry, telling the officer "I am here to visit my family for a few months and expect to return to my home country".

If by circumstances or whatever, this alien changes his mind later on, it is OK for him to file for AOS.

However, if he knows before hand that he will be filing for his GC before entering the USA. He is then LYING the POE officer, claiming he does not have intentions to stay in the USA, when he in fact does.

This is considered fraud, misrepresentation at the POE.

You may not, use a non-immigrant visa, with clear, define and pre-conceived immigrant intent.

If you think that is OK, then ask your father to tell the POE officer, when he asks "What's the purpose of your visit?" to reply "I am here because my son wants to file for my GC". Do you think they will let him in? since it is OK?

Actions like this do not only show a lack of integrity, but also hurt the chances for other parents to obtain visas in the home country, because of the fraud and lack of honoring the visa terms of people like them.
Click to expand...

You can go back and forth and beat it to death and at the end of the day, the point is one can legally apply for AOS from here as one poster pointed out. Hundreds of people do that successfully and i did that too like others. BTW advises given by the so called self-proclaimed experts on this forum for 30/60/90 rule are a pile of horse manure for the parent's AOS cases. I have not seen a single case of failure of AOS for parents due to this which is not itself a law for AOS infact (http://66.218.69.11/search/cache?ei...+60+90+rule+aos&d=JZzkpEfiR2MF&icp=1&.intl=us and http://britishexpats.com/forum/showthread.php?t=100004 and http://britishexpats.com/forum/) and if one does look into it in details, they will find themselves that contrary to these priceless gems of advices of the forum experts, there is absolutely no reason not to apply immediately. Do your own search and dont depend on those so called arm chair experts
 
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PraetorianXI said:
When entering using a visitor visa, the alien CLAIMS non-immigrant intent at the port of entry, telling the officer "I am here to visit my family for a few months and expect to return to my home country".

If by circumstances or whatever, this alien changes his mind later on, it is OK for him to file for AOS.

However, if he knows before hand that he will be filing for his GC before entering the USA. He is then LYING the POE officer, claiming he does not have intentions to stay in the USA, when he in fact does.

This is considered fraud, misrepresentation at the POE.

You may not, use a non-immigrant visa, with clear, define and pre-conceived immigrant intent.

If you think that is OK, then ask your father to tell the POE officer, when he asks "What's the purpose of your visit?" to reply "I am here because my son wants to file for my GC". Do you think they will let him in? since it is OK?

Actions like this do not only show a lack of integrity, but also hurt the chances for other parents to obtain visas in the home country, because of the fraud and lack of honoring the visa terms of people like them.
Click to expand...

I think what PraetorianXI has said makes lots of sense and couldn't have said it better. It's not a matter of self-proclamation of expertise, but just good free advice for members of this forum. There is the 30-60-90 rule, and it's ok to come and change your intention, but to USCIS it's not ok to come with a preconceived intention under the mask of another intention. That is where the fraud comes from. Very many people have done it but you just don't do things because other people have done them. I will support PraetorianXI (for the 1st time ever) that it makes it harder for other people from your country to get a visitor's visa and yes, shows a lack of personal integrity. And again, this forum is not an ultimatum for anyone, you just read the advise and make a personal decision for yourself to use it or reject it.
 
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