IR-5: dad wants to come with a B2 then AOS, I have apprehensions. Help! (warning: wall of text)

[sealavender 0]

Hi all,

I am currently waiting for my citizenship petition to be approved, and my plan is to petition for my parents (who are currently in Vietnam) to come live in the US once that is done.

Now my plan was always to do it here while they wait in Vietnam; but recently my dad heard from one of his acquaintances that she was able to come visit with a tourist visa, then her son filed AOS for her and all was done within 3-4 months while she was here, while her husband stayed in Vietnam and it's been more than 8 months and he still hasn't heard anything for his petition.

My dad now wants to apply for a new B2 to come here and he wants me to file AOS so that it can be done faster (after I become a citizen, of course). My mom is a dual Polish-Vietnamese citizen, and she previously got a B2 visa with her Polish passport that is good for 10 years, so she doesn't need to reapply, but she will come as well.

My parents came several times before to visit me, and they never had any trouble getting B2 approval, hence my dad is very confident that his plan will work.

However, my husband and I feel that we need the extra few months to a year time to prepare for their arrival, but it is not something we can tell them without making them feel like we do not welcome them. I also have apprehensions whether this will work:

1. They (Department of State, USCIS, whoever is in charge of issuing visas) must see that I am in the process of getting my citizenship, and may just flat out deny my dad's B2 petition and tell him to go home and wait for his immigration petition.

2. Even if my dad is able to get his B2, he will have to prove during AOS interview that upon entering the US on his B2 visa he will have had NO immigration intention, which is obviously a lie. If they believe him, sure we will save a few months time, but if not, my understanding is that my parents may face a ban (I'm not sure how long, maybe 5 years).

Can someone please confirm or correct my understanding of the situation? Like I said, I would rather do it properly with no associated risks even if it will take slightly longer, but I will need to have solid reasons to convince my parents that I am not delaying their arrival because I didn't want them here.

Thank you so much, and I apologize again for the wall of text!

[Mark88 183]

You are on a very good path. If USCIS decides to give you hard time because of the intended immigration, your parents may very we'll face deportation proceedings. I would do the IR in Vietnam.

[Shiobhan 235]

Cant lie at POE that U visiting

when intending to immigrate, just

tell them with the new immigration

laws doing that could get their

visas revoked, you'll have time

enough to prepare for them, no

troubles down the road, and get your

citizenship without added questions

[NigeriaorBust 4,087]

Using a visitors visa with intent to immigrate is visa fraud, max penalty is a lifetime ban. Post your intent on a site monitored by immigration is asking to have the ban applied.

[sealavender 0]

Using a visitors visa with intent to immigrate is visa fraud, max penalty is a lifetime ban. Post your intent on a site monitored by immigration is asking to have the ban applied.

Thank you all for your replies! Like I said in the original post, I want to convince my parents that it is not worth it to try to shorten the process for a few months and carry the risk of a lifetime ban by committing visa fraud. I am only trying to make them see the risks without hurting their feelings. After all, they have not been living with their children for almost a decade.

The reason my parents are anxious to be here is because my sister, who has a GC and lives in TX, has two young children that my parents have not been able to see as much as they would like to due to the distance. They want to come as early as possible to help my sister out with taking care of them, and to stay close to their children and grandchildren. This is why I have to be delicate in telling them that for the benefits of the future they need to be patient and wait. I hope once I scare them with the lifetime ban possibility, my dad will abandon his plan (plus in my mind there was never a good chance that they will give him a B2 this close to me petitioning for him anyway).

On another related topic, once I have filed immigration petition for my parents, would my mom be able to come visit with her B2 for a few weeks and then return to Vietnam to wait, or would the they see it as immigration intent at POE and turn her away?

[NigeriaorBust 4,087]

Once filed they can see in the system that it is filed and your mother/father may have more questions when they arrive. They should show strong ties to home. If they have a good history they probably won't get as much problem.

[aaron2020 11,651]

Nguoi Viet oi!!!!!! I have a Vietnamese father and I am going to assume yours is as pig headed as mine.

It is immigration fraud to use a visitor visa to enter the US with the intent to adjust.

Tell your father that saving 6 months is not worth getting a ban from the US.

Tell your father that just because his friend committed a crime and got away with it means that he will get away with it too.

There is a perfectly good and legal way for him and your mom to immigrate to the US.

Is giving in to your father worth helping him commit immigration fraud?

Tell your father to stop thinking about himself and think what the consequences would be to you to help him commit immigration fraud.

[sealavender 0]

Hi aaron2020,

Thanks for your sympathy! I wouldn't call my father pig-headed, but yes I do agree with you that our parents' generation has a tendency to let their emotions blind them from seeing reasons.

My dad would never intentionally do things that would have negative consequences to his children. At the same time, so many people from Vietnam (an other, mostly developing countries) will not hesitate to use less than honorable methods to serve their end purpose of immigrating to the US, cheat the systems, etc, without any regards for others that are trying to do the right thing. The fact that many of them get away with it, too, can introduce this "entitled" mentality in people like my parents, who after all only want to be united with their family as soon as possible, and make them anxious at others' success by cheating the system.

I am still a few months away from being ready to file petitions for my parents, which will give me some time to talk to them and convince them to do it the slow but proper way. Even if their reactions will not be ideal, I hope in a year or so it won't matter when they are finally able to come live with their grandchildren

[annapcs 2]

sealavender,

I'm about to start my application also, and I've been wondering the same thing.

The thing is, I read in the USCIS page, that immediate relatives such as parents of a US citizen can petition and wait for their process to be completed while being in the US. In this case, what does this mean? Since they are waiting for residency, they obviously aren't residents yet, so under which circumstances (which visas) can they wait for the completion while in the United States?

This is the link where it shows the option for the parent to apply while being in the United States:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD

That tells me that a parent with a B2 could still apply while being in the United States, but now I'm confused, since you guys mentioned that that is not legal.

Why did USCIS post this then?

Any help is appreciated. Thanks!

[NigeriaorBust 4,087]

IT is about the intent you have when you hit the door to the US. If you have a visitors visa you promised that you would only use it to visit the US that you would not overstay or try to live in the US having entered on that visa. So to show up at the door to the US with all your important things in tow and all your birthcertificates and poliuce records knowing you intend to file and stay is misusing the visitors visa. It is for the misuse that you can be banned for life. ( do you travel to foreign countrys with your birthvcertificate and educatioanl records ? ) Most people are immoral enough they see no problem with lying to immigration. Personally those are the very people this country doesn't need.

[Mark88 183]

obviously aren't residents yet, so under which circumstances (which visas) can they wait for the completion while in the United States?

For parents there is none, only for fiances/spouses there are visa types available (K1/K3). However you can start the process in their home country and they still can visit you on B2 upto a year at a time.

That tells me that a parent with a B2 could still apply while being in the United States, but now I'm confused, since you guys mentioned that that is not legal.

Why did USCIS post this then?

Because it is legal in a certain way. Let's say someone comes here on a B2 visa, travels and meets someone. In a spur of a moment they decide to get married and the foreigner stays in the US for the process. If the foreigner and USC/LPR have a relationship for couple years, plans on entering the US and then adjust status, that is exactly the way how it can end with deportation.

With the first example, the immigration was not intentional. With the second I agree with NigeriaorBust. Your parents will have to proof that they entered the US with not intentions on immigrating. If they fail to to this, this will end in deportation and a life long ban.

[jaycali 415]

Once you become a USC, your parents will have the "quickest" way of legally immigrating available to them through an IR visa. Explain that to your father, that trying to circumventing it by lying to CBP is a potentially disastrous idea. Best case, he lies and gets away with it, worst case, he'll never even set foot on US soil again.

Edited October 29, 2013 by jaycali

[annapcs 2]

Oh, that makes perfect sense!

I definitely agree, it's not worth doing anything that the USCIS doesn't advise to, and I definitely didn't have an intention to. I just had this curiosity since on the website it made it look like they could come and wait here, and I would obviously love to have my family close to me as soon as possible, but they still need a year or more to organize themselves, etc. Just getting educated to make sure I do the right thing.

Thank you NigeriaorBust and Mark88 for your help!

[annapcs 2]

jaycali,

I never mentioned my father o.O and he certainly doesn't plan to do any of that, we're not the type that takes advantage of the system, trust me

That's not my father's or anyone's question. It's my own curiosity, in case it was possible to have my family closer sooner, that's all.

[Mark88 183]

Thank you NigeriaorBust and Mark88 for your help!