Planning to apply for a GC for parents

[chuck jr]

Hi all,

Just joined the forum for a quick question.

I'm a naturalized US citizen, and my parents are visiting us on a B1/B2 visa. Their visa expires on September 2014. Since they'd like to visit us often, I thought I'd get them a green card, instead of for them to go through a new tourist visa application.

1. Their current stay ends on July 14, 2014 based on I-94. If I file I-130 and I-485 concurrently, would they be able to stay here legally after July 14th while waiting for this process. If I remember correctly, I-485 receipt allows them legal stay; is that correct?

2. My father may travel less than my mother, so he's contemplating whether to get a new B1/B2 visa while my mother gets her green card. Would this scenario effect his visa application in any way? If he changes his mind, I can always file I-130 and I-485 for him when he arrives here again, right?

3. If they have to travel while they're waiting (unlikely, but just in case), what happens to their application(s)?

Thanks so much!

[sandhya2013]

Hi all,

Just joined the forum for a quick question.

I'm a naturalized US citizen, and my parents are visiting us on a B1/B2 visa. Their visa expires on September 2014. Since they'd like to visit us often, I thought I'd get them a green card, instead of for them to go through a new tourist visa application.

1. Their current stay ends on July 14, 2014 based on I-94. If I file I-130 and I-485 concurrently, would they be able to stay here legally after July 14th while waiting for this process. If I remember correctly, I-485 receipt allows them legal stay; is that correct?

2. My father may travel less than my mother, so he's contemplating whether to get a new B1/B2 visa while my mother gets her green card. Would this scenario effect his visa application in any way? If he changes his mind, I can always file I-130 and I-485 for him when he arrives here again, right?

3. If they have to travel while they're waiting (unlikely, but just in case), what happens to their application(s)?

Thanks so much!

Yes, once you file and get receipt for the application they are legal to stay. Receipt usually comes within a week or 2. To be able to travel, apply for Advance Parole along with the I-130 and I-485 application. Once AP is approved they can travel. AP is taking 3+ months.

[nelly]

I'm in a similar situation and want to apply for my parents. However, I heard that if you are thinking of applying for them before they arrive and they arrive on the tourist visa, then you are not supposed to file the I-130 and the 485 together. You are supposed to file the 130 first, wait for it to be approved and then file the 485 in the consulate of the home country of your parents. I've been told that this can be viewed as entering with the wrong intention and then the application can be denied, and that if it is denied there will be no recourse, no re-application or appeal because this all happened while the parent was here under the B1/2 visa.

What are your thought and experiences on this?

I think this is important because of I split the application and do it in 2 steps, one in home country, the process will take twice as long. But the risk with the other - if true - is complete and irrevocable denial

Thanks.

[rayb]

Nelly,

You can file the I-130 and I-485 together, or you can file the I-130 first, get its receipt notice, then file the I-485.

It makes no difference either way. When you file the I-130, you are not filing it in the country of the visa applicant, but are submitting it to USCIS, Stateside.

One would only file an I-130 at the U.S. consulate of the applicant home country if you requesting a "DIrect Consular Submittal," DCF, and processing entirely there, which is somewhat difficult to obtain, and would normally require you, the petitioner, to be legally residing in that country while your relative is being processed.

--Ray B

I'm in a similar situation and want to apply for my parents. However, I heard that if you are thinking of applying for them before they arrive and they arrive on the tourist visa, then you are not supposed to file the I-130 and the 485 together. You are supposed to file the 130 first, wait for it to be approved and then file the 485 in the consulate of the home country of your parents. I've been told that this can be viewed as entering with the wrong intention and then the application can be denied, and that if it is denied there will be no recourse, no re-application or appeal because this all happened while the parent was here under the B1/2 visa.

What are your thought and experiences on this?

I think this is important because of I split the application and do it in 2 steps, one in home country, the process will take twice as long. But the risk with the other - if true - is complete and irrevocable denial

Thanks.

[nelly]

Nelly,

You can file the I-130 and I-485 together, or you can file the I-130 first, get its receipt notice, then file the I-485.

It makes no difference either way. When you file the I-130, you are not filing it in the country of the visa applicant, but are submitting it to USCIS, Stateside.

One would only file an I-130 at the U.S. consulate of the applicant home country if you requesting a "DIrect Consular Submittal," DCF, and processing entirely there, which is somewhat difficult to obtain, and would normally require you, the petitioner, to be legally residing in that country while your relative is being processed.

--Ray B

Hi Rayb, thank you very much for your answer.
I am aware that I-130 must be filed state-side. I think you misunderstood my question.

The question was about filing I-130 and 485 together and the risk of having a problem with it, because the applicants were thinking about doing this already before the parent entered the US on a tourist visa. I heard that in the case where there is an intent/thought to apply for GC for the parent when the parent is arriving in the US on a B1/2 or any other way, one must strictly file the I-130 first, wait for it to be approved, and then do the rest via a different route. I know this second way takes longer (than filing together) so is less advantageous.

Do you have any knowledge on this risk please?

[rayb]

File them both together after the parents are in the U.S. For the I-485 to be adjudicated, the I-130 does not have to be approved already, but can be processed concurrently.

So long as there has been no stated intent, verbal or on paper, for the parents to enter the U.S.with intent to stay, the two procedures (I-1130 and I-485) can be done together.

--Ray B

Hi Rayb, thank you very much for your answer.
I am aware that I-130 must be filed state-side. I think you misunderstood my question.

The question was about filing I-130 and 485 together and the risk of having a problem with it, because the applicants were thinking about doing this already before the parent entered the US on a tourist visa. I heard that in the case where there is an intent/thought to apply for GC for the parent when the parent is arriving in the US on a B1/2 or any other way, one must strictly file the I-130 first, wait for it to be approved, and then do the rest via a different route. I know this second way takes longer (than filing together) so is less advantageous.

Do you have any knowledge on this risk please?

[nelly]

OK, thank you very much.

I apologize for asking but - the other people scared me - how are you sure about this?

[rayb]

I'm sure about this because it's what I do.

I submit a couple of these "conversion" packages every month. I've done them for Filipinos, Chinese, Cambodians, Brazilians and Canadians who were here on B2, J1, and student and employment-based visas.

The J1 conversions had t be wtihout the "2-year" outside-U.S. requirement.

--Ray B

OK, thank you very much.

I apologize for asking but - the other people scared me - how are you sure about this?