Change of Status - I-485 from Visit Visa (Parents)

[Asif Siddiqi 0]

Hi,

My parents got their Green Card through my US citizen brother. But they returned to Pakistan and never returned for almost 11 years now. Now my brother wants them to come back because of their age (70+).

My question is that, since the normal process of immigration is lengthy in Pakistan (it takes 3-5 months to get an appointment request reviewed only). Can they apply for visit visa and then after landing in US apply for change of status I-485? I checked with one of the lawyer and he said they may face an issue with misrepresentation when their case is reviewed. Do they wait for say 90 days to pass and then apply? How should it go? Because of their health, we can't risk putting them into a long queue of immigration.

I would really appreciate an answer.

[Mark88 184]

Basicly your plan is ok, BUT a visitor visa is issued to people who want to visit (and then go back home). I think you will really have a hard time getting it, since your parents will have to convince the consular officer that they will return home once their stay time nears the end. And clearly you/they are not intending to do this. Simply put: If I would have two 70+ people infront of me, who had green cards, now want to visit the US, I would need to see pretty strong evidence that they will return home to Pakistan to grant the visa application. You and your brother will have to show possibility of financial support. And the laywer is correct, you really might get fined/sued and the I-485 not approved which will lead to deportation.

I'm afraid you will have to go through immgration proceedings. Do your parents still have their green cards? Even if expired they might qualify for a SB-1 Visa (Returning Residents Visa). This still won't be too easy to get, but you will probaly get faster processing and if approved, they don't have to go through the entire green card process.

http://islamabad.usembassy.gov/returning.html

[aaron2020 11,651]

Hi,

My parents got their Green Card through my US citizen brother. But they returned to Pakistan and never returned for almost 11 years now. Now my brother wants them to come back because of their age (70+).

My question is that, since the normal process of immigration is lengthy in Pakistan (it takes 3-5 months to get an appointment request reviewed only). Can they apply for visit visa and then after landing in US apply for change of status I-485? I checked with one of the lawyer and he said they may face an issue with misrepresentation when their case is reviewed. Do they wait for say 90 days to pass and then apply? How should it go? Because of their health, we can't risk putting them into a long queue of immigration.

I would really appreciate an answer.

Being outside the US for 11+ years means your parents have abandoned their LPR status.

It is illegal to use a non-immigrant B-2 visitor visa to enter the US with the intent to immigrate. If they do this and are caught making mispresentations, they could be denied entry or be deported. This is a highly illegal way to go.

The only legal way for your parents to immigrate is to wait in Pakistan and do it the same way as every other family.

Do abuse the visitor visa and ruin it for your fellow Pakistani. More abuse from Pakistan means fewer visitor visas for other families.

Also, your parents' health present a problem. It makes them likely public charges since the US has no interest in letting in elderly sick people that the US will need to give care to. Your parents will be asked how they plan to pay their medical bills if allowed into the US.

Edited June 2, 2013 by aaron2020

[Asif Siddiqi 0]

Thank you Mark and Aaron. You've been great help.

[newacct 688]

Your parents can apply for a tourist visa to visit temporarily and go back while the green card is processing.

[Asif Siddiqi 0]

Thanks Newacct . I've decided to go with the returning visa process. Don't want to do any misrepresentation. Hopefully it will be done in short time.

@Aaron... Don't worry. I'll do it the right way.

Edited June 4, 2013 by Asif Siddiqi

[Mark88 184]

Thanks Newacct . I've decided to go with the returning visa process. Don't want to do any misrepresentation. Hopefully it will be done in short time.

@Aaron... Don't worry. I'll do it the right way.

Please keep in mind in order to apply for a SB-1 Visa your parents will need to proof that they still have strong binding ties to the US the last years. Only having family living there won't count. They will have to provide evidence like bank accounts, property that is in their posession, frequent trips to the us etc.

Best of luck.