Questions about the best way to file for my father

[tverevkina 0]

Hi,

I apologize in advance if all those questions have been asked here thousands times but here goes.

My father is coming to visit us in April on B-2 visa (tourist, non-immigrant) and staying for 6 month. This visa is good until Dec 2011 and according to rules he can not stay longer than 6 month on this visa.

I have three options to file for GC for him.

1 option: I file I-130, I-131 and I-485 concurrently when he is here. Suppose that the process takes more than 6 month. Should he wait until I-131 is approved? Current processing time is 5 month for I-130 and 3 month for I-131 which makes it 8 month. First of all it's longer than his visit (6 month). Second, what if something goes wrong and it takes longer? Does he have to live the country upon the expiration of his visa even though he does not have his I-131 approved? If I understand correctly, I-485 will be dropped. Do we need to pay again to re-file it?

2 option: I file I-130 before he comes in April. Will I-130 being processed cancels his non-immigrant intentions and he will be refused to enter the country?

3 option: I file I-130 when he is back in Russia. I guess this is the less risky option but I guess the longest one and more troublesome for him.

Sorry, so many questions.

Edited January 13, 2011 by tverevkina

[Neonred 3,647]

We have filed an I-130 for my wife's daughter, but my wife is not a US citizen so it is taking a long time ( I assume you are already a citizen). The daughter has received and visited us on a B-2 visa that she got after we submitted the I-130. There is no problem submitting the I-130 now as it will not cause any problems.

Do not allow him to overstay his B-2 visa as this WILL cause problems.

Edited January 13, 2011 by Neonred

[tverevkina 0]

Thank you for replying. I have read that there might be problems entering the country while I-130 is pending. I guess it all varies case by case.

[Jojo92122 1,924]

Hi,

I apologize in advance if all those questions have been asked here thousands times but here goes.

My father is coming to visit us in April on B-2 visa (tourist, non-immigrant) and staying for 6 month. This visa is good until Dec 2011 and according to rules he can not stay longer than 6 month on this visa.

I have three options to file for GC for him.

1 option: I file I-130, I-131 and I-485 concurrently when he is here. Suppose that the process takes more than 6 month. Should he wait until I-131 is approved? Current processing time is 5 month for I-130 and 3 month for I-131 which makes it 8 month. First of all it's longer than his visit (6 month). Second, what if something goes wrong and it takes longer? Does he have to live the country upon the expiration of his visa even though he does not have his I-131 approved? If I understand correctly, I-485 will be dropped. Do we need to pay again to re-file it?

It's illegal to enter the US on a tourist visa with the intent to adjust status to a legal permanent resident. Your father may be asked to prove he did not have this intent on entering the US. If he doesn't have a home to return to, then it's pretty conclusive that he intended to immigrate when he entered the US on the tourist visa. This is a basis for denial of the adjustment of status. This is a risky route in my opinion.

2 option: I file I-130 before he comes in April. Will I-130 being processed cancels his non-immigrant intentions and he will be refused to enter the country?

It's possible that he may be refused entry. It all depends on his connections to his home country. It's also possible, he may be granted entry.

3 option: I file I-130 when he is back in Russia. I guess this is the less risky option but I guess the longest one and more troublesome for him.

Sorry, so many questions.

Probably the least risky.

[Neonred 3,647]

He will not be refused entry just because he has an I-130 filed on his behalf. Go ahead and file ASAP.

Edited January 14, 2011 by Neonred