File I-130 for parents while in India; but file I-485 during their visit?

[IndiaTiger 0]

Hello:

Normally my parents visit us for 2 months in any given year. Currently they are residing in India.

I would like to start filing for I-130 now. But I would like to time it in such a way that they can apply for AOS during their stay in USA.

How long does it take for I-130 to get approved, and when do I start the I-485 process?

After filing for AOS; how long before they are scheduled for Interview and/or biometrics?

Please do understand that I am thinking along these lines only because they cannot handle traveling alone and meeting their appointments in India but would be very simple if I can help out while they are here with me.

Hope to find someone who knows what I am talking about to give me appropriate answers. Will try to find if there are few users here pursuing similar timelines.

Thanks Everyone.

[JimVaPhuong 4,863]

Hello:

Normally my parents visit us for 2 months in any given year. Currently they are residing in India.

I would like to start filing for I-130 now. But I would like to time it in such a way that they can apply for AOS during their stay in USA.

How long does it take for I-130 to get approved, and when do I start the I-485 process?

After filing for AOS; how long before they are scheduled for Interview and/or biometrics?

Please do understand that I am thinking along these lines only because they cannot handle traveling alone and meeting their appointments in India but would be very simple if I can help out while they are here with me.

Hope to find someone who knows what I am talking about to give me appropriate answers. Will try to find if there are few users here pursuing similar timelines.

Thanks Everyone.

What you're considering is called "preconceived intent" to use a non-immigrant visa to immigrate. It's illegal. You're attempting to bypass the normal immigrant visa process by taking a shortcut. Adjustment of status is meant for people who enter with visas that allow for immigrant intent, or whose circumstances change while they're in the US with a non-immigrant visa. It's not meant to be a convenient alternative to immigrant visa processing.

A B2 visa requires an alien to NOT have any intention of immigrating when they enter the US. If CBP sees any evidence that the alien might intend to immigrate then they may deny them admission, subject them to secondary inspection, parole them into the US with a bar on adjustment of status, or simply admit them and note the evidence in their file. CBP is not required to share their knowledge of this evidence with the alien. If the alien states that they do not intend to immigrate, and subsequently applies for adjustment of status, then they are guilty of material misrepresentation. USCIS can deny the AOS and order them deported with a potential lifetime ban from the US.

The risk of getting caught may be small, but there is zero risk in going through the normal immigrant visa process and entering the US with an immigrant visa. Do the right thing.