Documents made just before parents enter US

[sklr]

My parents will visit US in late May for around 5 months on a B2 visitor visa they they also used in 2012. I want to apply their green cards this time. Since they do not have birth certificates, we need to get non-availability certificates and affidavits for them.

I will apply after they have been in USA for more than 90 days to stay clear of the 60-day rule. But I am not sure if getting these documents just before they enter US will pose any problems.

The non-availability certificates will have to be made while my parents are still in India as only they can request these. But we can have our relatives make the affidavits at a later date (atleast 60 days after parents have been in USA) and mail them to us.

Is this a good strategy or is it fine if they get even the affidavits made before they fly to USA? Or should we not apply for a GC this time and wait till early next year when they will visit again?

[ml21]

We got our documents made just now for my parents and they are coming in next two weeks.

What is a 60-day rule? I did not find any such rule on the forms or USCIS website. Can you please tell me more about it and/or send me a link to relevant site please?

Thanks!

[inadmissible]

There is no 60 day rule

[NettieL]

Even though there is no 60 day rule and you may therefore file immediately, some immigration attorneys recommend that you wait for 60 days before filing if you are concerned that the USCIS may consider the entry fraudulent (under the pretention of a visit while you were planning to apply for the GC immediately). Personally, and this is my personal opinion, I would only take the chance of filing before 60 days if it is a marriage based application. I would be too scared that my parents may be denied their GC.