parent's immigration

[Istiaque Hassan 0]

Hi,

 

My parents are in the US in tourist visa. Is it possible for me (US citizen) to apply for their immigration (green card) while they are in the US without adjustment of status? If they want to leave the US before/after the approval of their petition what might be the consequences?

 

Sorry if this question is asked earlier..

[Springrain22 427]

They can't become LPR without adjustment of status. They can't adjust their status being in country on tourist visa. It's visa fraud.

 

Petition for them, they go home and in 1-2 years they may have their greencards.

[Unlockable 7,314]

If I understand correctly, you don't want to adjust their status but instead file for I-130.

 

Yes, that is possible. The process will take 1 year more or less to complete. During that time they should be able to continue to visit with their visitor visas. They should be cautious not to overstay their alloted time. If so, it could risk a POE officer denying them entry if they want to come visit again.

[geowrian 22,337]

If they don't want to file for AOS while currently in the US (you cannot enter the US on a tourist visa with intent to file for AOS), then filing the I-130 petition for them is the route to go. They can visit during the process fine so long as they can demonstrate their ties home. Once the I-130 is approved and processed, they can file for the immigrant visa. ETA: ~12-14+ months from filing to visa.

 

Is there a particular reason you don't want them to do AOS?

 

1 hour ago, Springrain22 said:

They can't adjust their status being in country on tourist visa. It's visa fraud.

They can file for AOS from a tourist visa fine since they're already in the US. It's fraud to enter the US with intent to adjust. It's not fraud if they're already in the US.

Edited June 10, 2017 by geowrian

[Cyberfx1024 7,980]

1 hour ago, geowrian said:

If they don't want to file for AOS while currently in the US (you cannot enter the US on a tourist visa with intent to file for AOS), then filing the I-130 petition for them is the route to go. They can visit during the process fine so long as they can demonstrate their ties home. Once the I-130 is approved and processed, they can file for the immigrant visa. ETA: ~12-14+ months from filing to visa.

 

Is there a particular reason you don't want them to do AOS?

 

They can file for AOS from a tourist visa fine since they're already in the US. It's fraud to enter the US with intent to adjust. It's not fraud if they're already in the US.

But isn't that suspicious and could be looked at as they intended to AOS when they came to the USA?

The OP can file for the I-130 while they are in the USA and they go home to wait and finalize everything before they get their green cards.

[geowrian 22,337]

27 minutes ago, cyberfx1024 said:

But isn't that suspicious and could be looked at as they intended to AOS when they came to the USA?

The OP can file for the I-130 while they are in the USA and they go home to wait and finalize everything before they get their green cards.

Nope. Intent is determined at POE...they cannot presume preconceived intent afterward. See Matter of Cavazos and Matter of Battista.

Yes, that is another legal option.

Edited June 10, 2017 by geowrian

[Istiaque Hassan 0]

I want to thank you everyone for the information. Just to clear my question/situation: My parents will leave the US because they don't want to modify their travel plan. So, Adjustment of status is not an option for us as they will leave before the approval of the petition (if we decided to apply now). So, considering this circumstance, I can have two different options:

 

1. Apply for them now and they will leave the US while the application is processing.

2. After their departure, I can apply for their immigration.

 

Please let me know your thoughts.

[geowrian 22,337]

1 minute ago, Istiaque Hassan said:

I want to thank you everyone for the information. Just to clear my question/situation: My parents will leave the US because they don't want to modify their travel plan. So, Adjustment of status is not an option for us as they will leave before the approval of the petition (if we decided to apply now). So, considering this circumstance, I can have two different options:

 

1. Apply for them now and they will leave the US while the application is processing.

2. After their departure, I can apply for their immigration.

 

Please let me know your thoughts.

1. If they leave without AP, AOS will be abandoned and you will be forced into consular processing (getting the immigrant visa abroad). AP takes about 3-4 months after filing for AOS + AP (filing for an EAD is recommended as well).
2. You can apply while they are still in the US. You don't have to wait until their departure. You don't have to do it now, obviously, but you don't have to wait either.

[NigeriaorBust 4,087]

 If your parents don't want to stay then they are free to leave at anytime , just don't file the AOS.  The sooner you file the quicker they will get their interview.  After you file they may get a bit more hassle if they try to return to the US before the green card interview.