Adjusting status B2 to Green Card

[BePatience 0]

Hello Fellow VJers,

I have few questions regarding adjusting status from B2 to Green card for parents of US citizen with valid 10 years visitor visa while in US. First of all, Can Parents of U.S. Citizen adjust status when on B-2 Visa to Green Card? Is it possible? If so, what are the requirement? What kind of forms, and documents are needed? What is the proper procedure?

I have heard both "yes you can and no you cant" answer. Please let me know what you guys think?

Thank you,

[YuAndDan 153]

Yes they can, however be prepared to answer questions as to INTENT when using B-2 to IMMIGRATE.

You will be filing I-130 and I-485 together for each. Note: IR-5 visas would be much less costly in terms of FEES.

[matuk tuokan 2]

It depends,if a person with a b2 visitors visa has an approved 1-130 petition from a US citizen sponsor or a permanent resident sponsor, He/She may eligible to adjust status from B2 to permanent resident.He/She may file adjustment of status as long as intending immigrant is in a lawful status in the US.Hence there are some ways to adjust status too if the intending immigrant overstayed their visitors visa if they are eligible for AOS under the law of 245i.I suggest to seek for reputable immigration Atty.to evaluate your case carefully regarding legalities.

Edited January 11, 2011 by matuk tuokan

[BePatience 0]

Yes they can, however be prepared to answer questions as to INTENT when using B-2 to IMMIGRATE.

You will be filing I-130 and I-485 together for each. Note: IR-5 visas would be much less costly in terms of FEES.

Thank your for your response!

It depends,if a person with a b2 visitors visa has an approved 1-130 petition from a US citizen sponsor or a permanent resident sponsor, He/She may eligible to adjust status from B2 to permanent resident.He/She may file adjustment of status as long as intending immigrant is in a lawful status in the US.Hence there are some ways to adjust status too if the intending immigrant overstayed their visitors visa if they are eligible for AOS under the law of 245i.I suggest to seek for reputable immigration Atty.to evaluate your case carefully regarding legalities.

Thank you so much!

[Harsh_77 718]

If they travel on B2 and then go for AOS interview they will face barrage of question, specially that they had intent to immigrate and they lied when they entered on B2.

Best option is apply intent to immigrate for your parents, which would be more stress free for your parents when they enter the country it will take approcx 8-9 months but keeps everything clean and clear.

[YuAndDan 153]

Another option is file I-130, once it is approved IF parents are visiting when it is approved, can always file I-485 with copy of I-130 approval letter. This is acceptable, but in this case it would be cheaper and probably as quick to simply continue with the IR-5 Immigrant visa process through NVC and consulate.

[olympic 0]

With respect to preconceived intent, the Board of Immigration Appeals has ruled in Matter of Cavazos that a finding of preconceived intent alone is insufficient to deny an adjustment application for an immediate relative of a US citizen.

Adjusting from a B-2 visa is generally trouble free, unlike adjustment from the visa waiver.

Yes they can, however be prepared to answer questions as to INTENT when using B-2 to IMMIGRATE.

You will be filing I-130 and I-485 together for each. Note: IR-5 visas would be much less costly in terms of FEES.

Edited January 11, 2011 by olympic

[BePatience 0]

Thank you guys so much for all your helpful information. I will definitely keep my options open and go with the best one possible.

[Harsh_77 718]

My 2 cents I would not go by that case of Cavazos - that case is from 70s lot of things have changed in immigration after 9/11 and all the terrorist attacks all around the world.

New laws and regulation have been introduced, for example in 70s or forget 70s even in 90s they did not care if you were changing from B1 - F1 or anything.

you were not required to notify immigration of your address changes or nothing. Now if you dont do that you can get in trouble of what I know it can very well be proved that you had intent to immigrate and you lied to the officer.

Other thing would be entering on B2 with your parents being citizen and living in US would be difficult too, you will have to show solid ties to your home country, coz they automatically assume you would request for AOS once you enter the country.

[Harpa Timsah 13,258]

The Cavazos decision stands. We have discussed this numerous times here. However, using a non-immigrant visa with the intent to immigrate is fraud and therefore not advisable according to the TOS. It is, bottom line, a bad plan to hatch from abroad, because material misrepresentation could occur at POE, which is enough to deny a AOS. OP: If your parents are in the US now yes you can. If they are abroad now, then no, you can't.

[andresamia 0]

A few questions about this process:

Once a parent of a US citizen is in the process of adjusting status from B2 to green card (submitted I130 and I485) while in the US, does this cancel their current (10 year) B2 visa?

In connection to this, are they allowed to travel outside the US and return using the B2 visa while I130 and I485 are being processed?

Thanks!

[Harpa Timsah 13,258]

A few questions about this process:

Once a parent of a US citizen is in the process of adjusting status from B2 to green card (submitted I130 and I485) while in the US, does this cancel their current (10 year) B2 visa?

In connection to this, are they allowed to travel outside the US and return using the B2 visa while I130 and I485 are being processed?

Thanks!

You should really start a new thread on this. Anyway, yes the visa is cancelled and they most definitely cannot travel during the process. If they leave the country before having Advance parole approved and in their hands, then they will have abandoned their I-485 and be stuck outside the US, and lose all of their filing fees.

[grrrrreat 109]

A few questions about this process:

Once a parent of a US citizen is in the process of adjusting status from B2 to green card (submitted I130 and I485) while in the US, does this cancel their current (10 year) B2 visa?

In connection to this, are they allowed to travel outside the US and return using the B2 visa while I130 and I485 are being processed?

Thanks!

Yes nonimmigrant visas are cancelled after you apply to adjust status. You can file an application for advance parole (I-131) that allows them to travel during the process.

[MrsNotBonJovi 18]

The Cavazos decision stands. We have discussed this numerous times here. However, using a non-immigrant visa with the intent to immigrate is fraud and therefore not advisable according to the TOS. It is, bottom line, a bad plan to hatch from abroad, because material misrepresentation could occur at POE, which is enough to deny a AOS. OP: If your parents are in the US now yes you can. If they are abroad now, then no, you can't.

Agree with Harpa. However, even if they are currently in the US, much would depend on what they said at PoE and the kind of questions asked. Better to be safer than sorry and apply for their PR once they return to India.