GC for Parents

[jvelury]

I am a US Citizen. I would like to apply for GC for my parents. Currently they have visitors' visa valid until December 2007 (10 yr. multiple entry).

1) Can they visit US now and apply for GC using form I-130 and I-485? Are there any issues as they will have I 94 validity only until December 2007? Can overstay in US until they get GC?

or

2) Do they need to apply for GC while staying in India using form I-130?

or

3) Can they apply for another visitors visa, travel to US, so that they probably get 6 months stamp, and then apply for GC using I-485?

My question is which way is safer? Thanks.

[waitin_toolong]

1st option is fine and safe there stay will not be overstay as it will be legal under AOS. They will need AP to travel till they get GC.

[PraetorianXI]

When did they arrive to the US? if it was less than 60 to 90 days ago I would advise NOT TO apply for their GC right now...

They came with non-immigrant visas with immigrant intent? is what a IO officer would ask at their interview... if they apply at such a short notice from their arrival...

Search for the "30-60-90" rule.

[julie]

30-60-90 rule

Hi,

If applied for parents within 60-90 arrival dates, what's the impact to case? Where I can find the 30-60-90 rule? Please advise. Thanks.

[PraetorianXI]

30-60-90 rule

Suppose someone enters on a Non-Immigrant visa and after "x" days applies for AOS either through marriage, or any other family sponsorship.

If x < 30 = USCIS will accuse the applicant of committing fraud/misrepresentation and the burden of proof lies on the applicant
If 30 < x < 60 = USCIS may accuse the applicant of committing fraud/misrepresentation and the burden of proof lies with the applicant
If 60 < x < 90 = USCIS may accuse the applicant of committing fraud/misrepresentation but the burden of proof will lie with USCIS
If x > 90 = USCIS will most likely not accuse the applicant of committing fraud/misrepresentation

Credits to Triple Citizen

[soph05]

Sorry to jump in but i wanted to share my personal experience about the matter.

My mom came here last March of this year and I applied I-130 and I-485 together around early June. We did not encounter any problems with the application. She got her green card after 2 months.

I did the same for my dad (he came here May) I-130 got approved just pending I-485 approval. His was processed later because some of the documents was misplaced during transfer from CHI to CA.

Based on this, the days after arrival seem to have no bearing.

rgds

[PraetorianXI]

Not until you find an immigration officer who puts this "rule of thumb" to practice and accuses your parents of immigration/visa fraud, for using a visitor visa with immigration intent.

Which is something that can even come up in the future, when they apply for citizenship...