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  • GC for Parents

    I'm new to this forum and have questions about my parents GC Process.

    I will be USC on Aug 19th. My parents in india right now and coming to US on Aug 30th on Visitor visa. They came in usa in 2006 also. I want to apply for GC for them and wondering which way is better.
    I know I can file for AOS while they are here. but my parents want to go back in Feb 2009 and come back to USA with GC. Now Can I still file for I130 using CP while they are here? OR I have to file I130 for CP before they come to USA. Now If I filed for I 130 for CP and is there any problem for them to come to USA after that.

    any help would be helpful.

    Thanks ALL

  • #2
    The ONLY legal option for you is to go through consular processing. You can not bring them to the USA and then file for AOS. That would be a fraud of their "visitor" visa.

    So, file for the GC through I-130... after that, pretty much they have to wait until it is approved before they can enter the USA...

    They can not use a non-immigrant visa (such as a visitor visa) with immigration intent (which they already have).
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Thanks for your Answers.

      Now Can i Still file I130 while they here and do CP instead of AOS ?

      I'm really not intent to do 485 but I just want to kill time for CP while they are here and once they get interview schedule at Consulate, they can go back and come back to US with GC.

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      • #4
        Yes, you can file I130 while they are here.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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