How soon can I apply for GC for my parents after they arrive on visitor visa

[jigneshj]

How soon can I apply for GC for my parents after they arrive on visitor visa?
Can I apply the very next day after they arrive for both I130 and 485 together?

[PraetorianXI]

This is considered fraud/ulterior motives

Dear poster,

Your parents are entering the USA with a "non-immigrant" visa, with the purpose of visiting/tourism. When they are asked at the port of entry "what is the purpose of your visit" they will say "to visit our son". Right?

If they are coming with the intention of immigrating (i.e. filing for Adjustment of Status) then that is considered a missuse/abuse of their non immigrant visitor visa.

Even if they were to declare their "true" intentions at the Port of Entry and by some miracle allowed to enter (because I doubt the IO would let them enter with a visitor visa with the immigrating intent). They would still be using their visa improperly.

Having said that, you can NOT, have them come like this and file for AOS and risk their Green Card being denied based on abuse of their visa and misrepresenting their intention at the POE.

It is possible to AOS from a visitor visa, but it is not recommendable and it should only take place as something unexpected, not planned, spontaneous.

There is a "rule of thumb" that some adjudicating officers apply, called:

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 you apply for AOS, right after entering the US = USCIS will accuse the applicant of committing fraud/misrepresentation and the burden of proof lies on the applicant. (They will see your purpose was not to visit).

What this means is, that even if your immediate relative is here, and for some unexpected reason they want to AOS (example, your wife got here and now she is pregnant!) then you should follow that rule to prevent problems.

BUT, this is not the case for you, you clearly have the intention of having your parents stay. They will be misrepresenting their intention at the POE and lying about it or... they will state the true motive and be sent back.

Why would you want to put your parents through this? Apply for the Green Cards through Consular processing (ONCE they have returned home).

You can file I-130 while they are here to save some time, but do NOT file I-485.

Here is a link to information on Consular Processing: https://www.immihelp.com/family-base...on-procedures/

[jigneshj]

Reply

Thx for the prompt reply.

Obviously at port of entry they will be mentioning the fact that they are entering US solely for the purpose of visiting. Based on your suggestion - can I apply for I130 and I485 say after 3/4 months, would that be a problem?

[PraetorianXI]

Thx for the prompt reply.

Obviously at port of entry they will be mentioning the fact that they are entering US solely for the purpose of visiting. Based on your suggestion - can I apply for I130 and I485 say after 3/4 months, would that be a problem?

Then, they will be misrepresenting their intention at the Port of Entry. Abusing their visa and lying in order to obtain immigration benefits.

If this is brought up at the interview, they will face tough questioning and may be barred from returning to the US EVER!

Sorry, but I can not condone your actions. Therefore I will not provide any more advice, but telling you: Go through consular processing and save you and your parents a world of trouble.

[missmatch]

I'll post the same question that I just posted in another thread - then does this mean that the parents can't visit the US while their green card is in application - that could be 10 years for the family based green card category.

[shahla]

Help and advice needed

Thx for the prompt reply.

Obviously at port of entry they will be mentioning the fact that they are entering US solely for the purpose of visiting. Based on your suggestion - can I apply for I130 and I485 say after 3/4 months, would that be a problem?

HELP!!! I have a concern and hope that somebody helps me with this.My parents GC has been applied a few months back ,but it will take several months or probably years to get one.They have 10 years multiple entry visa.They want to come to visit us and then go back ,will they have problems at the port of entry?
Does it mean that till their GC is processed they cannot visit us?

[imranik]

If AOS for H1B a non-immigrant visa is possible then why not for B1

Dear poster,

Your parents are entering the USA with a "non-immigrant" visa, with the purpose of visiting/tourism. When they are asked at the port of entry "what is the purpose of your visit" they will say "to visit our son". Right?

If they are coming with the intention of immigrating (i.e. filing for Adjustment of Status) then that is considered a missuse/abuse of their non immigrant visitor visa.

Even if they were to declare their "true" intentions at the Port of Entry and by some miracle allowed to enter (because I doubt the IO would let them enter with a visitor visa with the immigrating intent). They would still be using their visa improperly.

Having said that, you can NOT, have them come like this and file for AOS and risk their Green Card being denied based on abuse of their visa and misrepresenting their intention at the POE.

It is possible to AOS from a visitor visa, but it is not recommendable and it should only take place as something unexpected, not planned, spontaneous.

There is a "rule of thumb" that some adjudicating officers apply, called:

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 you apply for AOS, right after entering the US = USCIS will accuse the applicant of committing fraud/misrepresentation and the burden of proof lies on the applicant. (They will see your purpose was not to visit).

What this means is, that even if your immediate relative is here, and for some unexpected reason they want to AOS (example, your wife got here and now she is pregnant!) then you should follow that rule to prevent problems.

BUT, this is not the case for you, you clearly have the intention of having your parents stay. They will be misrepresenting their intention at the POE and lying about it or... they will state the true motive and be sent back.

Why would you want to put your parents through this? Apply for the Green Cards through Consular processing (ONCE they have returned home).

You can file I-130 while they are here to save some time, but do NOT file I-485.

Here is a link to information on Consular Processing: https://www.immihelp.com/family-base...on-procedures/

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A person entered into US on H1B non-immigrant visa and got married to US citizen and applied AOS is possible and I have known some approved GC cases. Then why parents visiting on B1 can't change their mind and apply for AOS?

[newacct]

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A person entered into US on H1B non-immigrant visa and got married to US citizen and applied AOS is possible and I have known some approved GC cases. Then why parents visiting on B1 can't change their mind and apply for AOS?

Parents visiting can absolutely apply for AOS. Regardless of whether they had immigrant intent at entry or not.

[abumiqdad]

Parents visiting can absolutely apply for AOS. Regardless of whether they had immigrant intent at entry or not.

So in this case, at PoE, any parents of a USC would be able to say, visiting my son/daughter, but not sure for how long? and then if they feel like it, apply for AoS?

[newacct]

So in this case, at PoE, any parents of a USC would be able to say, visiting my son/daughter, but not sure for how long?

No, because that would be lying if they were intending to stay.