Sponsoring fathers GC

[parentsGc]

Hello,

I am planning to apply for my fathers GC after my mom passed away a month ago. He can't travel to US right now for a month or 2 due to work issues. I don't want to leave him in India alone for too long. I am aware that there are 2 options, i.e. AOS when he is in US or CP while he is in India. I can apply for CP while he is in India but as I understand that process can take a long time, over a year sometimes. I don't want him to stay alone for that long. If he comes to US in B1 and then If I apply for AOS, I understand that he has to stay for at least 3 months before I can apply for I130/I485. That will be at least 5 months from now. I prefer this option, but my worry is changes in laws that Trump administration might introduce that might complicate sponsoring parents GC in future. Is the worry realistic? I know last year a bill was introduced (which failed) to stop so called chain immigration. And recently there was an article about blocking GC due to 'public charge' rules.

https://www.americanprogress.org/issues/poverty/reports/2018/11/27/461461/trumps-public-charge-rule-radically-change-legal-immigration/

How realistic are these worries?

[scientist2016]

Hello,

I am planning to apply for my fathers GC after my mom passed away a month ago. He can't travel to US right now for a month or 2 due to work issues. I don't want to leave him in India alone for too long. I am aware that there are 2 options, i.e. AOS when he is in US or CP while he is in India. I can apply for CP while he is in India but as I understand that process can take a long time, over a year sometimes. I don't want him to stay alone for that long. If he comes to US in B1 and then If I apply for AOS, I understand that he has to stay for at least 3 months before I can apply for I130/I485. That will be at least 5 months from now. I prefer this option, but my worry is changes in laws that Trump administration might introduce that might complicate sponsoring parents GC in future. Is the worry realistic? I know last year a bill was introduced (which failed) to stop so called chain immigration. And recently there was an article about blocking GC due to 'public charge' rules.

https://www.americanprogress.org/issues/poverty/reports/2018/11/27/461461/trumps-public-charge-rule-radically-change-legal-immigration/

How realistic are these worries?

First & foremost, there is no such thing as "waiting for 3 months to file." You could file the very next day. All that is needed is that you haven't lied to the CBP officer.
The rest of your worries are also just that. Any major change in immigration laws needs to go through a detailed rule making procedure.

[ember]

First & foremost, there is no such thing as "waiting for 3 months to file." You could file the very next day. All that is needed is that you haven't lied to the CBP officer.
The rest of your worries are also just that. Any major change in immigration laws needs to go through a detailed rule making procedure.

The problem with filing right after he arrives on a visitor visa is that a visitor visa is NOT dual-intent, it is SINGLE intent. This means that you are not permitted to come to the US on a visitor visa with the intent to remain in the US and file for adjustment. If you file within the first 60 days, there is a PRESUMPTION of fraud. Meaning, the AOS can be denied on the basis of having misrepresented his intent on his visitor visa. If he arrives in the US on a visitor visa and applies the next day, USCIS can very easily say he lied to a CBP officer or misrepresented his intent - even if the CBP officer does not ask him a single question.

So while he ~can~ file the very next day, it is also much riskier than waiting the 60-90 days to beat the presumption.

As for the public charge, the proposed rule is just that - proposed. It is not in effect yet. If an officer tries to deny on that basis, you can fight it.