Please help

[Dirty harry 25]

I was bit wordy in my last post, sorry. My wife is USC,Her parents are visiting on visitor visa. They haven't overstayed. We decided they wanted to immigrate last week.

1.How many packets do I send, is it 1 packet for each parent that includes i-485,I-130,I-693 I-131,I-765,I-864,G-325,G-1145?

I think that's everything, plus the checks.

2.do I send 1 bio metric form for the whole packet?

3.any one know of a checklist for parents immigrating?

4.can I stagger the applications, Like do one this month for her mom and one next month for dad, to help with the costs?

THANK YOU,

Dirty Harry

[JFH 12,191]

They cannot adjust status from a visitor visa. They must return home. Your wife then files an I-130 petition for each of them.

From your previous post, they have been working in the USA. Taking care of children or sick people on a visitor visa is not permitted, even if you are related by blood or marriage. That's not my opinion, that's how the law sees it, I'm afraid.

Edited February 14, 2016 by JFH

[Kastrs 723]

They cannot adjust status from a visitor visa. They must return home. Your wife then files an I-130 petition for each of them.

From your previous post, they have been working in the USA. Taking care of children or sick people on a visitor visa is not permitted, even if you are related by blood or marriage. That's not my opinion, that's how the law sees it, I'm afraid.

^^This

You can file the I130 petition now, but they must abide by the terms of their B2 and return before their authorized stay expires.

[Dirty harry 25]

They cannot adjust status from a visitor visa. They must return home. Your wife then files an I-130 petition for each of them.

From your previous post, they have been working in the USA. Taking care of children or sick people on a visitor visa is not permitted, even if you are related by blood or marriage. That's not my opinion, that's how the law sees it, I'm afraid.

Thank you both so much for your reply. I guess I am confused. I have met with several lawyers who said that as long as they didn't intend to immigrate( They didn't) Then it isn't against the rules. However I dont know these lawyers from Adam and you guys seem to know what your talking about.Were they wrong saying that they could immigrate? Does any one have experience getting denied while applying to immigrate parents while on a b-2, or can you point me to where I can read about it so I can better explain it to my family? I also was under the impression that it is not all that uncommon for people to decide to immigrate after coming on a b/1-b/2 visa, however.I could be wrong about that. Do you know approximately how long it takes to do the immigration from abroad like you suggested?

again thank you for all your insight and help

PS: no one worked while here. There was no one watching kids or taking care of sick people.That is not what my words were supposed to convey, if they did i apologize. Having them here just reinforced to us how good it is for everyone in our family, to have them here and how comforting it was.

Dirty harry

[JFH 12,191]

Only spouses can adjust to permanent residents from visitor visa status (or the VWP for those that are eligible for that) provided that they had no immigration intent on arrival. Not parents, brothers, sisters or anyone else.

I hope you didn't pay those lawyers for that advice! It won't be a case of them getting denied, your petition will be rejected. You won't get very far at all. I doubt you will find anyone who had been denied for doing this as it is not possible to do, so no one even bothers to try. The rules are quite clear. Otherwise everyone's mother would come for Christmas and not go home.

[msrovers 1]

Your best option is your wife file I-130 now but send the your wife's parents home before their stay expires. Just to avoid headache down the road. Petitioning the parents are actually the easiest and quickiest one. Don't take the short cut as it will just complicate the situation.

Edited February 15, 2016 by msrovers

[Dirty harry 25]

Only spouses can adjust to permanent residents from visitor visa status (or the VWP for those that are eligible for that) provided that they had no immigration intent on arrival. Not parents, brothers, sisters or anyone else.

I hope you didn't pay those lawyers for that advice! It won't be a case of them getting denied, your petition will be rejected. You won't get very far at all. I doubt you will find anyone who had been denied for doing this as it is not possible to do, so no one even bothers to try. The rules are quite clear. Otherwise everyone's mother would come for Christmas and not go home.

Thank you for the fast response! So the lawyers I talked to cited a couple of case laws in regards to this, one was called 'matter of batista" and one was called "matter of cavazos". Both had something to do with entering on b2 visas and then deciding to immigrate.

Matter of Battistaand the Matter of Cavazos,

Matter of Battistaand the Matter of Cavazos,

both also said its pretty common, maybe its a local thing? or they are just sleazbags,I have no idea.I am absolutely bamboozled by this information to be honest.there even seems to be an entire thread on this website devoted to applying for AOS from visas, but I am assuming it is from people that are getting married like you mentioned. I am not sure why uscis isn't more forward about this info, do you know where I can find info about this subject?where did you learn it? I cant find it on the website and I sort of want to be able to prove to the lawyer that he was wrong so I can get my money back for the "consultation".

[discoverusa 284]

I am no expert, but I personally know two different people who sponsored their parents on B2 visa and it was successful. I presume those lawyers were right.

It may not be the most popular route, but it is not impossible.

[Dirty harry 25]

I am no expert, but I personally know two different people who sponsored their parents on B2 visa and it was successful. I presume those lawyers were right.

It may not be the most popular route, but it is not impossible.

Wow Discoverusa Thank you so much for the info. My family was sent in to sort of a tailspin there after what JFH said. I guess its just not common so she didn't realize it was possible.I was thinking I had done all that work on the applications for nothing! I am hoping to be able to do this myself. This immigration law is a nightmare. My head is buzzing from all the forms, but everyone that has replied has been really cool and helpful, so thank you.

Harry

[discoverusa 284]

Also, ask on avvo.com. You will get answers from different lawyers and if most of them say the same thing then go ahead and file.

Good luck!

[Eric & Idalia 56]

In this video (it's in Spanish) the lawyer says that in your situation is OK to apply for residence for your wife's parents. Their stay needs to be valid (not stayed longer than authorized) and didn't have the intention of immigrating when they came.

[Dirty harry 25]

In this video (it's in Spanish) the lawyer says that in your situation is OK to apply for residence for your wife's parents. Their stay needs to be valid (not stayed longer than authorized) and didn't have the intention of immigrating when they came.

Thank you so much for this video, and the translation!

[aaron2020 11,651]

JHF is completely wrong.

Perfectly fine for the parents of a USC to adjust status on a visitor visa or the VWP. Matter of Battista and Matter of Cavazos.

Only spouses can adjust to permanent residents from visitor visa status (or the VWP for those that are eligible for that) provided that they had no immigration intent on arrival. Not parents, brothers, sisters or anyone else.

I hope you didn't pay those lawyers for that advice! It won't be a case of them getting denied, your petition will be rejected. You won't get very far at all. I doubt you will find anyone who had been denied for doing this as it is not possible to do, so no one even bothers to try. The rules are quite clear. Otherwise everyone's mother would come for Christmas and not go home.

You owe the OP an apology for causing him grief. You are so wrong. Those lawyers you disparaged are smarter than you, and they are correct. Plenty of parents have successfully adjusted status from a visitor visa and the VWP. Edited February 15, 2016 by aaron2020

[Cathi 5,794]

Only spouses can adjust to permanent residents from visitor visa status (or the VWP for those that are eligible for that) provided that they had no immigration intent on arrival. Not parents, brothers, sisters or anyone else.

I hope you didn't pay those lawyers for that advice! It won't be a case of them getting denied, your petition will be rejected. You won't get very far at all. I doubt you will find anyone who had been denied for doing this as it is not possible to do, so no one even bothers to try. The rules are quite clear. Otherwise everyone's mother would come for Christmas and not go home.

please site those rules? you can't because you're making stuff up

[aaron2020 11,651]

They cannot adjust status from a visitor visa. They must return home. Your wife then files an I-130 petition for each of them.

From your previous post, they have been working in the USA. Taking care of children or sick people on a visitor visa is not permitted, even if you are related by blood or marriage. That's not my opinion, that's how the law sees it, I'm afraid.

US laws allows the parents of a USC to adjust status once they are in the US. You are wrong. This is your opinion based on a lack of knowledge (and inability to use Google). Learn to use Google before posting your opinion as the law.