Application for a second B1/B2 visa (by parents)

[chuck jr]

My parents received a 10 year B1/B2 visa in Sept. 2004. At the time, I was on a J1 student visa; obtained an H1, green card and US citizenship since then. Their b1/B2 visas are going to expire in Sept. 2014, and they'd like to apply for a new B1/B2. Right now, they're in the US with us until July 15th.

1. Can they apply for a new visa at the consulate before the current one expires in September (e.g., beginning of August)?
2. Is having a US Citizen son and daughter in law going to be a problem for this application? They're both retired, in their late 60s now.
3. They spent close to 4 years for the duration of the 10-year B1/B2 visa in the US with us in CA, with relatives in DC and traveling around, and at each entry they received 6 months on their I-94. Would this be an issue for the new visa application?
4. Would it be wiser to just apply for a green card for both of them, since they're already here instead of going through this visa application?

Thanks so much!

[peace999]

yes, they can apply for a visitor visa renewal before it expires. Since they were issued the visa after aug 2004, they can opt for a drop box( no interview).
Yes, having a US citizen child can be a problem especially if they have no other children back home. Their history of B1/B2 use is fine.

Ultimately it depends on whether they really want to immigrate to the US. If they do, forget about the visitor visa and file their I-130s . If they don't , they can try
for a visitor visa renewal once at least.

Also, note that adjusting from a visitor to green card based on an I-130 carries certain amount of risk. So it will be safer, if they get their immigrant visas
back home rather than adjusting to GC in US.

[chuck jr]

Thanks so much for your reply. Since the first application was 10 years ago, I have to read some more to learn about new steps, etc of B1/B2 application. Not going through an interview sounds great (i.e., "drop box" option that you mentioned).

They do have another child back home, they own a house and receive their retirement pension from the government. Aside from the change in my citizenship status, they're almost in the same situation as they were 10 years ago (dad retired early) when they applied for a tourist visa.

The "immigrant" visa that you mentioned... Would that be a backup option if they're denied of B1/B2 or were you recommending that over changing their status to GC while they're here?

[peace999]

see, the choice between a visitor visa and a green card is their actual intent. If they have no problems living permanently in US, then
why even think about the visitor visa.

By immigrant visa I meant the process for green card through your petition if they are at home country.
When completed inside US, it is straight to green card from visitor ( go through a good attorney as it carries some theoretical risk).
When they are not in US, your petition process will get them an immigrant visa at the US embassy.
And will get a green card after they come to US on that immigrant visa.

[chuck jr]

Thanks again for your reply. Dad wants to remain as a visitor, while mom wants to have a green card (strange, I know). Once they have their B1/B2 extended and come back around October, I'll submit I-130+I-485 for my mother. Afterwards, dad will go back and forth with a B1/B2. That should not be a problem, right? Also, thanks for the clarification of the process within and outside of the US.

[peace999]

if their visitor visa renewal is denied, then you have to go for an I-130 and their immigrant visa( do it for both of them).
Your dad can use the green card to spend 7 months is US and the rest in India each year. that will work fine.

[amol12]

B1/b2 visa

I have question regarding visa interview for my parents and mother in law (Total 3 people)
Should I take two appointment to consulate ,one for my parent and second only for mother in law or should club them together...

[peace999]

please post a new thread for your question. Do not place it someone else's thread.