Time to wait before parent's Green Card can be applied after entering USA

[navi4all]

My parents have recently come to USA and we plan on applying for their green card (130 + 485 AOS + advance parole) from USA. Someone told us that there is a minimum waiting period before we can put in the application. I am not able to find any source online that talks about this clause and how many days we need to wait.

Can anyone help by pointing to where I can find this information?

Thanks in advance!

[parks]

There is NO written wait time. The main point is that, IF your parents KNEW for sure that they had immigration intent, and they enter the country on a non-immigrant visa, technical, that is against the rules. Of course, nothing stops from your parents entering the US on a non-immigrant visa, as tourists, with NO INTENT to immigrate; and then after being here, they develop a new intent, and decide to immigrate. Since, at that point, they are already here, they can apply for I130+AOS + whatever else you need.

If the revised intent is develops the day after they enter, government may prevail in the court that your parents already had immigration intent, and, in effect, they misrepresented facts at the port of entry. If they do this after some time, that presumption becomes less and less. 90 is typically considered long enough, iin practice, to have changed intent. If there are no other issues (e.g., past overstay, or trying to get into the country in a truck full of fruits from Mexico ), a 90 days wait is pretty safe.

But there are NO GAURANTEES!

[navi4all]

Thanks for the detailed explanation.
They have been already in US for 45 days and were planning to visit our relatives in Canada. And then immediately apply for 130+AOS+AP after returning back. After reading above, I think it'll be better to complete 90 days period, complete application and have any travels only after getting the AP.

Thanks!

[parks]

Thanks for the detailed explanation.
They have been already in US for 45 days and were planning to visit our relatives in Canada. And then immediately apply for 130+AOS+AP after returning back. After reading above, I think it'll be better to complete 90 days period, complete application and have any travels only after getting the AP.

Thanks!

Certainly that is safer.

Anyway, in these covid times, use WhatspApp/Zoom video to visit relatives in Canada ... after they get green AP, or green card, they can visit any time

[smajee]

90 days is a safe and must what I hear.