Green card for parents

[ashlesha 0]

Hi, Need some help please..

My parents are planing to come here next month on a tourist visa (they have been here before here already and still have multiple entry visa) and I plan in submitting petitions for them.

Few questions

1) Can i file the cr1/ir1 process as soon as they get here? Do they have to return back to home country or can they stay here and have all the visa proceedings here in US?

2) When they come here if they have a one-way ticket, will the immigration let them in? Since they have tourist visa, is there a requirement for them to have two way ticket?

3) what else do i have to consider/know for successful filing of this process?

4) I am assuming this process is similar as spouse's process right? if so i had done that 3 years ago successfully and i still remember all the steps. In that case though my wife was overseas while i processing happened here and then sent to the embassy overseas.

Thanks again for taking time to reading and answering this. Pushpa

[NigeriaorBust 4,087]

I assume you are a US citizen, Using a tourist visa with intent to immigrate is fraud and could earn your parents a lifetime ban.

You file one I 130 for each parent and pay separate fees.

It processes just like the old one did.

Your parents shouldn't overstay their allowed entry.

They are free to come and go while it is processing. If they happen to be in the US when it is approved they can AOS in the US if they are home they can interview there.

[ashlesha 0]

Thanks for your response. That's helpful.

Then I will go ahead and put the petition ((I 130) in ASAP. They plan in coming next month. Hopefully the petition gets approved while they are here, if not to avoid overstay, they will return.

What documents do i need to show they are my parents. Does the documents need to be official copy and or notorized.

Is there anything that explains checklist of all the docs needed?

Regards

Edited April 11, 2012 by ashlesha

[ashlesha 0]

so then while their 1-130 is being processed they can come to US? I was told last time when i was filing for my spouse that doing this (bringing her here while 130 is being processed) could cause issues with immigrant visa?

[ashlesha 0]

I assume you are a US citizen, Using a tourist visa with intent to immigrate is fraud and could earn your parents a lifetime ban.

You file one I 130 for each parent and pay separate fees.

It processes just like the old one did.

Your parents shouldn't overstay their allowed entry.

They are free to come and go while it is processing. If they happen to be in the US when it is approved they can AOS in the US if they are home they can interview there.

NigeriaorBust - I just goggled and found this from http://www.globallawcenters.com/parent.php website..

Combined Processing for Parents Already in the U.S.

Since a parent is considered an immediate relative and is immediately eligible for an immigrant visa, the USCIS allows for Combined Processing this category. This means that if the parent is legally in the U.S. (through a lawful admission or parole) at the time of filing the Form I-130, Petition for Alien Relative, he/she may also file for adjustment of status at the same time. Combined Processing is only available to beneficiaries/applicants who are in the U.S.

[NigeriaorBust 4,087]

NO they can't come with intent to immigrate. Yes you can file concurrently. So if they arrive at CBP with 2 one way tickets and happen to have all their stuff with them they will probaly be denied entry for immigrant intent. If they are here you can file concurrent petitoins and if it gets denied they have to leave. If you file the I130's only they could interview there or here depending on where they are when it is approved. Remember TWO petitions sets one for each parent.

[ceadsearc 516]

You are talking about someone already in the US - ie someone who came and then decided AFTER arriving to stay. Your parents aren't here yet, it's illegal to PLAN to come and stay on a tourist visa.

You can file the I-130 whenever. They can visit in the meantime as long as they have strong proof of ties to their country - that is, that they will be going back before they I-94 expires to wait out the visa process. With a 1-way ticket they have practically zero chance of being allowed in the country. Buy round trip.