Apply separately for parents

[shaleens]

Hello:

I become a US citizen recently. Now I am interested in applying GC for my parents. My mother is already here on the tourist visa. However my father won't be able to come this year.

If I apply for GC for my mother and she gets approved before my father comes to this country, will it create any problems for my father's application next year?

Will I be still able to apply for him next year, or he will have to wait for my mother to become a US citizen and then apply for him.

Regards,
S

[peace]

You can petition for them separately or at once, it does not matter.

But petitioning for them together has its advantages if you are going for consular processing; all the paper work, police certificates, medicals,
interviews, which is hasslesome in India, can be completed together for both of them.
Consular processing route will take it to 2008 anyway. So petition for both of them if doing CP.

If you wish to file an AOS for her in US, it is a different story.

By the way, where do you live in US?

[shaleens]

Hello Peace:

Thanks for the reply. I was thinking about AOS for my mother. She is here on tourist visa and we would like to apply for her extension of stay.

Is there any reason for CP to be better than AOS?

We live near Boston area.

Regards,
Shaleen

[peace]

CP is a longer but safer method. There is a theoritical conflict of intent (non-immigrant vs immigrant) while doing AOS on a visitor status. USCIS does not like this but this is usually ignored in family based cases, but technically the risk exists. At interview one must make sure they do not say anything that shows they had an intent to adjust status while entering on a B2.

You do not need to file for an extension if you are filing an I-130/I-485.
before her I-94 expires.
AOS is obviously faster. I believe Boston area I-130s go to NVC via chicago lockbox which processes them in 3-4 months.

In the end, it is your decision you may want to talk to a good attorney
regarding this.