60 day rule for filing GC application for parents

[zbcx123]

Hi

My parents visitor visa expires on Apr 10 2012. Would it be an issue for them to come over on visitor visa right now and apply for a family based GC.

I heard that they are not eligible to apply for GC until 61st day or their arrival in the country? Is that correct?

Thanks for your advice.

[immihelp]

60 days is the guideline and not a strict rule.

If they are coming to the U.S. on visitors visa with the intention of filing for green card, that is not allowed.

However, if they come to the U.S. with the intention of temporarily visiting and if they later change their mind, that is OK.

However, if they change their mind too soon, it will be considered that they already had that intention in mind and that will create a problem.