GREEN CARD FOR PARENTS - Apply in the USA or homecountry

[Exxtra 0]

Hi Everyone,

I'm USC and about to start applying for green card for my parents.

I heard that the process of applying for green card for parents if they are in the USA takes much less time than if they would apply in their home country (Russia).

USA: Does anyone have experience of their parents coming on B-2 visas and applying for green card in the USA how long it took?

Outside: If applying outside of the USA how long currently it takes and can they travel to the USA while I-130 is in process?

Just trying to see what is the best way of making it all work.

Thank everyone in advance!

[aleful 1,905]

hi

the difference is coming to the US on a b2 tourist visa and adjusting is considered immigration fraud

if they were already here, but in the beginning they didn't have the intent to stay, then they could have adjusted status in the US

what would they say at customs, that they were going to adjust status on a tourist visa which is not the intended purpose of a tourist visa? or would they be lying, stating that there only purpose of coming is to visit you?

the problem is the intent, they can come to visit but not adjust, the consular process takes a year

[aaron2020 11,651]

Where are your parents right now?

It's immigration fraud to enter the US on visitor visas with the intent to immigrate.

[EM_Vandaveer 2,417]

As your parents are in Russia right now, your only option is "outside". The process takes about a year. If your parents already have tourist visas, they can visit during the process. Otherwise they most likely they will not be given tourist visas with a pending I-130.

[Exxtra 0]

hi

the difference is coming to the US on a b2 tourist visa and adjusting is considered immigration fraud

if they were already here, but in the beginning they didn't have the intent to stay, then they could have adjusted status in the US

what would they say at customs, that they were going to adjust status on a tourist visa which is not the intended purpose of a tourist visa? or would they be lying, stating that there only purpose of coming is to visit you?

the problem is the intent, they can come to visit but not adjust, the consular process takes a year

Thank you.

USCIS web site states below. That is why im confused why it's illegal for them to do AOS if they enter on B-2 visa.

"If your relatives are already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time as you file the I-130 relative petition. Petitions filed at the same timewith permanent residence

applications (I-485) must be filed at a location that is different from where you would file an I-130 petition by itself.

If your relatives are already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time as you file the I-130 relative petition. Petitions filed at the same timewith permanent residence applications (I-485) must be filed at a location that is different from where you would file an I-130 petition by itself."

Edited July 31, 2016 by Exxtra

[aaron2020 11,651]

Thank you.

USCIS web site states below. That is why im confused why it's illegal for them to do AOS if they enter on B-2 visa.

"If your relatives are already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time as you file the I-130 relative petition. Petitions filed at the same timewith permanent residence

applications (I-485) must be filed at a location that is different from where you would file an I-130 petition by itself.

If your relatives are already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time as you file the I-130 relative petition. Petitions filed at the same timewith permanent residence applications (I-485) must be filed at a location that is different from where you would file an I-130 petition by itself."

Where are your parents right now?

[aleful 1,905]

hi

as I stated above, the problem is in the intent, if they got their tourist visa, when they got their tourist visa, they needed to show that they didn't have intent to immigrate, meaning enter the country to adjust status, so if they lie to the officer then they could have a ban for misrepresentation

immigration websites have generalizations, not specifics

if they were already here, but when they entered, they had no immigrant intent, so they didn't lie to the officer, they could adjust status in the US

[Exxtra 0]

Where are your parents right now?

Russia

[KimberlyAhmed 28]

Since they are in Russia they can not adjust their status with a visitor visa as that is fraud(intent).

[aaron2020 11,651]

Hi,

It would immigration fraud for them to enter the US on visitor visa with the intent to immigrate by adjusting status.

Since your parents are currently in Russia, they will have to go through consular processing at the US Embassy.

Best of luck.

[Cathi 5,794]

Not sure what you are not understanding. If they are in Russia they CANNOT travel to the US using a B2 visa with the INTENT to stay and adjust status. Since they are not here and this would be their intent to travel back using their B2 and adjust status, the answer is clear. It visa fraud.

[JFH 12,191]

"Entering legally" doesn't just refer to having a passport and visa. It also means being truthful about your intentions when questioned by the CBP officer. And having the correct visa for your intentions. If your intention is to stay but you have a tourist visa or if you lie when asked by CBP as to the length or purpose of your trip, you have not entered legally.

[newacct 688]

Thank you.

USCIS web site states below. That is why im confused why it's illegal for them to do AOS if they enter on B-2 visa.

"If your relatives are already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time as you file the I-130 relative petition. Petitions filed at the same timewith permanent residence

applications (I-485) must be filed at a location that is different from where you would file an I-130 petition by itself.

If your relatives are already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time as you file the I-130 relative petition. Petitions filed at the same timewith permanent residence applications (I-485) must be filed at a location that is different from where you would file an I-130 petition by itself."

The problem is not AOS. The problem is they will be denied entry.

[newacct 688]

"Entering legally" doesn't just refer to having a passport and visa. It also means being truthful about your intentions when questioned by the CBP officer. And having the correct visa for your intentions. If your intention is to stay but you have a tourist visa or if you lie when asked by CBP as to the length or purpose of your trip, you have not entered legally.

Actually, as long as you didn't sneak across the border and didn't claim to be a US citizen, you entered legally (you were inspected). Even if you lied to the officer and used false documents, or if the officer let you in by mistake, you are still considered to have entered legally if you went through the normal entry procedures.

Also, having intentions to immigrate does not mean you necessarily lied to the CBP officer. Some foreigners who don't speak English don't actually speak with the officer during entry at all. Or the officer may not ask about something related to the person's intentions.

Edited August 1, 2016 by newacct

[gregcrs2 1,778]

Probably the biggest challenge is for your parents to get the B2 visa to begin with. Because of so many foreigners trying to come to USA under the guise of a visitor visa and then staying, it is more difficult to get a visitor visa (especially in countries of the former USSR). Their view will be that your parents intend to immigrate and they need to satisfactorily convince the embassy that is not the case, for a visa to be issued. The CBP office at the POE needs to be convinced too. Unfortunately, it seems to be a common practice to tell whatever lies are necessary to try to get a visitors visa and once they get away with it and get past the CBP officers at POE, they put in docs to adjust status. If you want to do it the right way, file the I-130 to bring them over here. If you try to do it the wrong way, it may or may not go the way you want. If caught with intent to commit immigration fraud, then your parents may never get to come to the USA. You have to ask yourself if it is worth the gamble.