Info planning to file parents green card petition

[rinksrinks]

Hello, All. I am planning on filing my parent's GC soon . They are currently in process of going for their US B1 visa interview which is the reason I did not start their Green card process. Below are questions about the process. Any reply/feedback would be appreciated.

1. Is it advisable to wait to file their GC petition till they go for their US B1 visa and ofcourse it gets approved. Or can I file for it now with them being outside USA before or after their b1 visa appointment? The concern is the due to covid their appointment dates have been rescheduled 2-3 times.
2. If we were to file GC petition now could it impact their B1 visa outcome?
3. If we file for GC when they are outside USA, is it advisable for them to enter USA on B1 when their GC petition is filed and in-process?
4. If they come to USA on B1 visa, can we file GC asap, like say next day for example? Or is there a waiting/cooling off period?
5. If we file their GC petition while they are on B1 visa in the US, is it advisable for them to leave / enter USA while GC is in -process?
6.What is currently the processing time for GC petition for parents?

Would appreciate any feedback.

[rinksrinks]

hello any feedback would be appreciated

[mnsweeps]

sorry have no exp with B1 but my mom has B2.

[rkk09]

Hi Member,

Happy New Year!!

Please see my response below.

1. Is it advisable to wait to file their GC petition till they go for their US B1 visa and ofcourse it gets approved. Or can I file for it now with them being outside USA before or after their b1 visa appointment? The concern is the due to covid their appointment dates have been rescheduled 2-3 times.
Answer: While applying for B1/B2, they should not have any intent to migrate to USA permanently. While you are in the process of B1/B2, dont put any immigrant intent in front of them.

2. If we were to file GC petition now could it impact their B1 visa outcome?
Answer: In my personal opinion, I would say YES.

3. If we file for GC when they are outside USA, is it advisable for them to enter USA on B1 when their GC petition is filed and in-process?
Answer: Once you get B1/B2 visa approval then you can start processing.. But you will have another road block to come across at the time of port of entry CBP verification. There is 50/50% of chances to scrutinize.

4. If they come to USA on B1 visa, can we file GC asap, like say next day for example? Or is there a waiting/cooling off period?
Answer: Not immediately. If that is going to happen immediately then the purpose of B1/B2 will be against the rule. May be you can consider after 90 days.

5. If we file their GC petition while they are on B1 visa in the US, is it advisable for them to leave / enter USA while GC is in -process?
Answer: Yes. They can. But you will need advance parole approval for smooth in and out travel.

6.What is currently the processing time for GC petition for parents?
Answer: It depends on whether filing within USA or outside the USA. But normally, minimum you will need to wait for one year for further progress.

All the best.
Thanks

[rinksrinks]

Thanks for the responses. And my bad. I meant to say, b2 and not b1.