From Tourist visa to Permanent Residence....

[Ruark 4]

A US citizen's alien parents are visiting here in the US on a tourist visa (from Russia). After being here for a couple of months, they decide that they want to stay here and immigrate to the US permanently, living with the US citizen. The USC will sponsor them. I'm trying to get a picture of what process would be followed. In this case, they would not do an I-130 but would file the I485 for AOS, correct? Can someone direct me to the process that would be followed in this case?

Also, is an AOS in this situation usually approved?

Thanks so much,

Ron M.

Edited June 20, 2011 by Ruark

[Harsh_77 718]

Filing for a perm status from tourist visa is not recommended.

USC needs to start the process and then the parents can return back when the process is complete in next few months.

[Brother Hesekiel 2,236]

I would think the Russian people have stuff at home, from a house to family to dog or cat to car to clothes and whatnot? If so, they'll have to return anyway to wrap things up. They will also need very important paperwork, including their birth certificates, which the US citizen would file an I-130 for their parents which would bring the wheels in motion. The Russians then return home to Russia and will have an interview at the US Embassy/Consulate closest to where they live.

If they have nothing left in Russia, then that's a red flag the size of the People's Republic of China and a sure-fire indication that they intended to immigrate to the US with a tourist visa which is immigration fraud and carries a lifetime bar from the United States.

Sometimes a little common sense goes a long way.

[Ruark 4]

"Filing for a perm status from tourist visa is not recommended. "

It's interesting how I get a range of opinions on this. I do know it is not advisable to come here on a tourist visa and IMMEDIATELY file for AOS. What I've been advised is for the applicant to stay for a couple of months, and then change his or her mind about returning home and file an AOS. Here's what I've heard, from various experienced immigration attorneys, all ready to take my money and roll:

- "Don't do it, it's visa fraud. Forget it. They need to go home and I will do the I-130."

- "It's very risky, it may or may not be approved, I wouldn't advise it."

- "I don't see any problems with it at all. Your total cost will be about $10,000 for both parents."

- "I don't understand: why go to all the trouble of an I-130? It's much simpler for them to come over here on a tourist visa, then file for Adjustment of Status while they're here."

It goes from one extreme to the other. Who to believe????!!!

Edited June 20, 2011 by Ruark

[LIFE'SJOURNEY 970]

"Filing for a perm status from tourist visa is not recommended. "

It's interesting how I get a range of opinions on this. I do know it is not advisable to come here on a tourist visa and IMMEDIATELY file for AOS. What I've been advised is for the applicant to stay for a couple of months, and then change his or her mind about returning home and file an AOS. Here's what I've heard, from various experienced immigration attorneys, all ready to take my money and roll:

- "Don't do it, it's visa fraud. Forget it. They need to go home and I will do the I-130."

- "It's very risky, it may or may not be approved, I wouldn't advise it."

-

"I don't see any problems with it at all. Your total cost will be about $10,000 for both parents."

- "I don't understand: why go to all the trouble of an I-130? It's much simpler for them to come over here on a tourist visa, then file for Adjustment of Status while they're here."

It goes from one extreme to the other. Who to believe????!!!

I say believe the lawyer that wants to charge you $10,000, for a hour of paper-work time. Because $10,000 is not needed to do the job correctly.

[Ruark 4]

The $10,000 was for filing AOS from a tourist visa, including the 485, Work Authorization, and Advanced Parole. It was all USCIS/NVC filing fees, for both parents, plus his fees. He saw absolutely no problems whatsoever with doing it this way; the main thing was them staying a couple of months before doing it.

[LIFE'SJOURNEY 970]

The $10,000 was for filing AOS from a tourist visa, including the 485, Work Authorization, and Advanced Parole. It was all USCIS/NVC filing fees, for both parents, plus his fees. He saw absolutely no problems whatsoever with doing it this way; the main thing was them staying a couple of months before doing it.

The filing fee for both parents is only $2,840.00 so what will he be doing for $7,000.00.

[Harsh_77 718]

"Filing for a perm status from tourist visa is not recommended. "

It's interesting how I get a range of opinions on this. I do know it is not advisable to come here on a tourist visa and IMMEDIATELY file for AOS. What I've been advised is for the applicant to stay for a couple of months, and then change his or her mind about returning home and file an AOS. Here's what I've heard, from various experienced immigration attorneys, all ready to take my money and roll:

- "Don't do it, it's visa fraud. Forget it. They need to go home and I will do the I-130."

- "It's very risky, it may or may not be approved, I wouldn't advise it."

- "I don't see any problems with it at all. Your total cost will be about $10,000 for both parents."

- "I don't understand: why go to all the trouble of an I-130? It's much simpler for them to come over here on a tourist visa, then file for Adjustment of Status while they're here."

It goes from one extreme to the other. Who to believe????!!!

Its your call whom to believe and whom to not.

Ppl on this forum have no gains or loss and they give you right advice, my 2 cents lawyers will make sure they give you advice where they can make money.

If you were paying me money for your parents immigration, I would say file for the AOS too and charge you nice service fee, after couple months I will tell u we got a RFE that will cost additional money. You will argue I never said anything about it during fist consultation. Simple answer nothing to be worried about it happens in 1 in 1000 case unfortunately it was your case, now you can make a decision if you wanna pay and continue or not. …….. and on and on.

Just staying in US for few months and filing for AOS does not change anything – if you would had done something like this 10-15 years back no one would had given a second look to your case, as ppl get smarter so does the USCIS.

They know where ppl do fraud and what kinda fraud, they have more numbers than any of us.

At end its your call and as mentioned if for any reason USCIS finds your case as misrepresentation its much bigger issue.

[JimVaPhuong 4,863]

Let's get the facts out of the way first. Are your parents currently in the US now, or are they still in Russia?

Everything hinges on their intent when they enter the US. A B2 visa is for visitors, and it specifically requires that they do not intend to immigrate. If they haven't entered the US yet then what you're describing is preconceived intent. It's illegal. By itself, it won't result in their AOS being denied. If a CBP officer suspects preconceived intent at the port of entry then they may question them about their entry. They may deny them entry. If they allow them to enter then USCIS could use their answers at the port of entry as evidence of material misrepresentation, and not only deny the AOS but ban them from ever returning to the US.

If they are already in the US, and they did not intend to immigrate when the entered, and they have now decided they want to stay, then they can adjust status. Adjustment of status requires an underlying petition, so an I-130 will also have to be submitted for each of them.

[Ruark 4]

For some reason, I've lost the ability to quote on here....

The parents are in Russia. They have come here on a B2 every year for the last 10-12 years, for 30 to 90 days. They were here last year and decided they wanted to stay, and that's when we talked to the lawyer about the AOS - the one that would charge them $10,000. That was to cover his fees, the AOS, the I-130, Advance Parole, Work Authorization, etc. It was just too much money, and they were out of time, so they just went back for now. Now we are just exploring various options for getting them over here. I'm beginning to think about just doing the whole thing myself, maybe with just periodic checks with an attorney.

[Harsh_77 718]

If they are in RU and you are filing I-130 its pretty much straight forward, you can ask for lawyers help. From what I have seen on this forum and the stories I have heard half of the time immigration lawyers have no clue and they just keep on charging the fees.

Seems your case is pretty much straight forward, as long as there are no complication the immigration process is not bad.

Edited June 20, 2011 by Harsh_77

[Darnell 8,479]

fwiw, they'd be filing I-130 and I-485 concurrently, if they did indeed attempt to file whilst still in the usa.

but hey - money is money, right? if you've already got a budget of 10K,

suggest to file I-130s on both of them, now,

send them back to their home country,

and whilst their waiting for the paperwork to unwind, they can finish up their affairs there.

Even with airfare and cost of IR-5 visas, still be under 10K, IMO.

Good Luck !

[san diego 407]

"Filing for a perm status from tourist visa is not recommended. "

It's interesting how I get a range of opinions on this. I do know it is not advisable to come here on a tourist visa and IMMEDIATELY file for AOS. What I've been advised is for the applicant to stay for a couple of months, and then change his or her mind about returning home and file an AOS. Here's what I've heard, from various experienced immigration attorneys, all ready to take my money and roll:

- "Don't do it, it's visa fraud. Forget it. They need to go home and I will do the I-130."

- "It's very risky, it may or may not be approved, I wouldn't advise it."

- "I don't see any problems with it at all. Your total cost will be about $10,000 for both parents."

- "I don't understand: why go to all the trouble of an I-130? It's much simpler for them to come over here on a tourist visa, then file for Adjustment of Status while they're here."

It goes from one extreme to the other. Who to believe????!!!

The lawyer! If I was making this type of decision which is highly arbitrary, I would recommend spending extra $100 to get attorney's opinion... This site is great for objective information. For this type of info you will never get correct answer...

[san diego 407]

$10,000 seems pretty steep though..

[Andy and Pui 16]

For some reason, I've lost the ability to quote on here....

The parents are in Russia. They have come here on a B2 every year for the last 10-12 years, for 30 to 90 days. They were here last year and decided they wanted to stay, and that's when we talked to the lawyer about the AOS - the one that would charge them $10,000. That was to cover his fees, the AOS, the I-130, Advance Parole, Work Authorization, etc. It was just too much money, and they were out of time, so they just went back for now. Now we are just exploring various options for getting them over here. I'm beginning to think about just doing the whole thing myself, maybe with just periodic checks with an attorney.

If they are currently in Russia right now and come here and try to AOS that would be considered visa fraud. They would be entering on the B2 with intent to immigrate. In my opinion if they are still in Russia right now have them file the paperwork now and go to the embassy and interview. Good luck.