I-130 and wait over there or here

[javadood 0]

Hi,

I am US citizen and I want to apply for my parents.

THey have visitors visa that is good until June 2010. Right now they are here visiting.

Is it better (longer/shorter) to apply for them while they are here and then to the adjustment of status or should they go back and wait over there? Their home country is Serbia.

Thanks!

jd

[TayRivers 4]

Hi,

I am US citizen and I want to apply for my parents.

THey have visitors visa that is good until June 2010. Right now they are here visiting.

Is it better (longer/shorter) to apply for them while they are here and then to the adjustment of status or should they go back and wait over there? Their home country is Serbia.

Thanks!

jd

If they entered the USA with no intent to remain and had planned to return to their home country and have proof of that, but have now changed their minds and wish to remain then they can file form I-130 and AOS and remain while it gets processed. They will not be able to leave the US until they have advanced parole or their greencards.

They could return to their home country and you file the I-130 and they will get a IR-5 visa to enter the US as permanent residents and will have their greencard from the date of entry.

I guess it all comes down to their intent at entry and whether they can just abandon everything back home for 6 months+

[javadood 0]

Hi,

I am US citizen and I want to apply for my parents.

THey have visitors visa that is good until June 2010. Right now they are here visiting.

Is it better (longer/shorter) to apply for them while they are here and then to the adjustment of status or should they go back and wait over there? Their home country is Serbia.

Thanks!

jd

If they entered the USA with no intent to remain and had planned to return to their home country and have proof of that, but have now changed their minds and wish to remain then they can file form I-130 and AOS and remain while it gets processed. They will not be able to leave the US until they have advanced parole or their greencards.

They could return to their home country and you file the I-130 and they will get a IR-5 visa to enter the US as permanent residents and will have their greencard from the date of entry.

I guess it all comes down to their intent at entry and whether they can just abandon everything back home for 6 months+

thanks for reply.

yes they are already here. and they are debating between going back and wait or stay here and to I130 and the adjustment of status. The deciding factor is time. Which ever takes shorter to complete.

So, I am not sure what to suggest to them. They have no problem staying here and waiting 6+ months. AND they have no problem going back and wait over there. I dunno...

Ideas? SUggestions?

thanks