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How soon can I submit GC application for parents after arriving on B2

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  • How soon can I submit GC application for parents after arriving on B2

    Parents came into U.S. on Jul 7 as Visitor (B2 visa) and I am getting citizenship on Jul 19. How soon can I submit GC application for them? Since they enter the country on a non-immigrant visa, is there any risk for me to apply GC for them right away? If so, how long should I wait? Thanks a lot for the reply.

  • #2
    You can apply for their green card as you soon as you become citizen and get your naturalization certificate. No problem.

    However, before you do that, make sure to review New Immigrant Insurance
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

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    • #3
      The problem with doing an AOS right after coming in on a B is that is looks like fraud. B visas are (1) for short periods of time and (2) require the subjective intent to not immigrate. While certainly possible, it doesn't happen often that folks come on a B intending to return home and then instantly change their mind. So you're parents might have to answer some tough questions at the interview about their intent at the time they entered in B status. They'll have to credibly establish their subjective intent to return at the time they entered the U.S. This can be done by credible testimony and circumstantial evidence. If they can't do this, the AOS won't be approved and they'll be subject to a bar to re-entry for fraud.

      Good luck!

      Jonathan

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