Switching to adjustment of status

[mitapatel]

Hi,

I have filed for my parents for family based greencard and now in process whrn NVC requested to submit $70.00 payment and choice of agent form.

They already have mutliple visitor visa, and both parents are vising us now to attend marraige ceremony of her sister's daughter. I was wondering since they are here, I can switch to adjustment of status process to obtain Green Card? if yes, how I do that?

Note: they have 6month visa issue at port of entry

please...please help..

Mita Patel

[txh1b]

They could deny entry on a visitor visa with an immigrant visa petition pending if they find out at the POE. Also, entering with an intent to adjust status on B1/B2 within 90 days is considered fraud by USCIS.

[PraetorianXI]

They can not do that. It is a fraud to enter with a visitor visa with the intention to immigrate. Do not risk your parent's GC.

[pratikpatel]

Thanks all for the reply.

But let me clear here one thing, Marriage date was not in sight when applied I130, so it is not true that they entered on visitor visa with intention to adjust the status here. Also at POE, Office did not had any objection while stamping and granting 6 month stay.

I am just tryng to see my options and save hassle of going through physical strain of traveling for consular processing.

Thanks

_MIta

[PraetorianXI]

They entered with the intention to attend a wedding ceremony and go back. Thus, that is what they need to do. Period. anything else is risky.

6 Months is the amount of time given by default. It does not mean they should stay that long.

[mitapatel]

Thanks for the response.

Is there way I cancel the current I 130 for them and apply new I 130 with Adjustment of status ?

Cancelling and filing new I 130 will be a problem while processing new I 130?


Sorry, to be apin, but my father is having back pain, and wanted to avoid another roundtrip to India

Really appreciate help from all of you

--Mita

[PraetorianXI]

No need to cancel the I-130. Just file I-485 with a copy of the I-130 receipt.

I strongly disagree with this idea, but it is your choice.