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GC for mom, B2 enter, wait how long before concurrent filing?

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  • GC for mom, B2 enter, wait how long before concurrent filing?

    My mom entered US last week with B2 visa, and the new immigration reform news made her anxious and want to apply for GC now instead of next year. I hear from friends that if one enters US with B2 visa and then immediately files for GC, it may be suspicious of false (immigration) intent when entering US, hence may hurt the GC application. Is that true? Should I wait two months before filing? Anyone has experience about such issue? Thanks a lot!

  • #2
    Originally posted by rumrum View Post
    My mom entered US last week with B2 visa, and the new immigration reform news made her anxious and want to apply for GC now instead of next year. I hear from friends that if one enters US with B2 visa and then immediately files for GC, it may be suspicious of false (immigration) intent when entering US, hence may hurt the GC application. Is that true? Should I wait two months before filing? Anyone has experience about such issue? Thanks a lot!
    All day everyday people bring their parents here to "visit" on the B1/B2 visa and then they never leave. The true intent is to file for the green card, just as you have stated that is your intent. The when you're planning to file doesn't matter, your intent is still to file.

    Most people will wait a couple of months into the I-94 dates to make it look like it wasn't the original intent or maybe even a visit or two first. But like you said, now that they are trying
    to put restrictions on the family based green card for exactly this reason, and now you're nervous.

    They will already know this was the intent so when you file doesn't matter, but this is exactly why immigration reform is coming. This is also the reason so many people who do just want to visit their families here have such a hard time getting visas.

    This is my opinion and not legal advice. Use of this information is strictly at your own risk.

    Trinity71

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    • #3
      Your mom entered as a bona fide nonimmigrant, she had no intention of anything other than a temporary stay. The circumstance changed after she entered, and now she had other plans. If she applies for adjustment of status and the adjudicating officer challenges her on this point, she must be able to cogently articulate what her plans where when she had applied for admission, and how those plans have changed afterwards. I don't think waiting a month or two is going to make a difference. If the adjudicating officer suspects has concerns that she entered on a B visa to speed up her immigrant visa process, that suspicion would be the same regardless of how long she waited before applying for adjustment of status. If she did not misrepresent herself at the port of entry, she will be granted adjustment of status

      So in my opinion, she should go ahead and apply

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      • #4
        Originally posted by Trinity71 View Post
        All day everyday people bring their parents here to "visit" on the B1/B2 visa and then they never leave. The true intent is to file for the green card, just as you have stated that is your intent.
        He said "My mom entered US last week with B2 visa, and the new immigration reform news made her anxious and want to apply for GC now instead of next year"

        Senators Cotton & Purdue only introduced their bill to the Senate on Wednesday. His mother could not possibly have foreseen that before traveling to the United States the week before

        Comment


        • #5
          Originally posted by inadmissible View Post
          He said "My mom entered US last week with B2 visa, and the new immigration reform news made her anxious and want to apply for GC now instead of next year"

          Senators Cotton & Purdue only introduced their bill to the Senate on Wednesday. His mother could not possibly have foreseen that before traveling to the United States the week before

          That's correct. They could not have known that when she traveled here. But as stated, their intent was to eventually file for the green card so now that they may run into problems doing so, their moving it up to now. Same difference. I guess it's all in the presentation.

          This is my opinion and not legal advice. Use of this information is strictly at your own risk.

          Trinity71

          Comment


          • #6
            Originally posted by Trinity71 View Post
            All day everyday people bring their parents here to "visit" on the B1/B2 visa and then they never leave. The true intent is to file for the green card, just as you have stated that is your intent. The when you're planning to file doesn't matter, your intent is still to file.

            Most people will wait a couple of months into the I-94 dates to make it look like it wasn't the original intent or maybe even a visit or two first. But like you said, now that they are trying
            to put restrictions on the family based green card for exactly this reason, and now you're nervous.

            They will already know this was the intent so when you file doesn't matter, but this is exactly why immigration reform is coming. This is also the reason so many people who do just want to visit their families here have such a hard time getting visas.

            This is my opinion and not legal advice. Use of this information is strictly at your own risk.

            Trinity71
            Their intent doesn't matter. There are several BIA precedents that said AOS for Immediate Relatives should be granted even if there was immigrant intent. As long as they didn't lie to the officer, their intent at entry shouldn't affect their AOS.

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              Originally posted by newacct View Post
              Their intent doesn't matter. There are several BIA precedents that said AOS for Immediate Relatives should be granted even if there was immigrant intent. As long as they didn't lie to the officer, their intent at entry shouldn't affect their AOS.
              @Trinity71/inadmissible/newacct, Thank you guys for your suggestions!

              I have been trying to convince her to apply GC for years, but she felt more comfortable back in her home town. I guess she always hesitated and was self-debating. After hearing the news, she feels like 'now or never', hence we start talking about it again.

              Comment

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