Concurrent I130/485 for B(TOURIST) visa parents of US Citizen

[John21981 0]

Hi Folks, i recently became a US citizen and i am planning to sponsor the green card for my parents. They will be here in the US in a few weeks and will be travelling on a tourist visa. My parents have been visiting us almost every year on their 10yr tourist visa that expires next year. Due to the possibility of the RAISE act looming large,i dont want to waste any time and file their i 130/485 as soon as they are here. Will there be any issues if i apply for their adjustment of status from a tourist to a permanent resident so soon after they come to US or is it recommended to wait for a few months? Appreciate your help and advice..

[Crazy Cat 42,754]

  On 8/26/2017 at 10:25 PM, John21981 said:

Hi Folks, i recently became a US citizen and i am planning to sponsor the green card for my parents. They will be here in the US in a few weeks and will be travelling on a tourist visa. My parents have been visiting us almost every year on their 10yr tourist visa that expires next year. Due to the possibility of the RAISE act looming large,i dont want to waste any time and file their i 130/485 as soon as they are here. Will there be any issues if i apply for their adjustment of status from a tourist to a permanent resident so soon after they come to US or is it recommended to wait for a few months? Appreciate your help and advice..

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They can not adjust Status from a tourist visa....100% fraud ....you are dealing with some very severe consequences..........

[Going through 5,671]

  On 8/26/2017 at 10:36 PM, missileman said:

Will there be any issues if i apply for their adjustment of status from a tourist to a permanent resident so soon after they come to US or is it recommended to wait for a few months?

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The issue will be that they are travelling on a tourist visa with the intent to immigrate, which is an illegal use of their tourist visa.  You can go ahead and research how to file for them, begin collecting documents, and file the forms when they arrive, however they will need to return to their home country and go through consular processing there on their end, after their visit with you in the States.

Edited August 26, 2017 by Going through

[Crazy Cat 42,754]

  On 8/26/2017 at 10:48 PM, Going through said:

The issue will be that they are travelling on a tourist visa with the intent to immigrate, which is an illegal use of their tourist visa.  You can go ahead and research how to file for them, begin collecting documents, and file the forms when they arrive, however they will need to return to their home country and go through consular processing there on their end, after their visit with you in the States.

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Well said!!

[geowrian 22,338]

Yup, your plan is fraud. The legal option is to file an I-130 for them and then they will apply for an IR-5 visa eventually.

[Crazy Cat 42,754]

I just found this excellent article which explains the law and the consequences of fraud pretty well.......it isn't pretty.

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

[Cyberfx1024 7,980]

  On 8/27/2017 at 12:55 AM, missileman said:

I just found this excellent article which explains the law and the consequences of fraud pretty well.......it isn't pretty.

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

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I agree it isn't pretty and most likely we won't hear back from the OP at all because they didn't get the answer they wanted. 

[JFH 12,191]

Why wait a few weeks to start the I-130? Do it today. The sooner you start, the sooner it will be over.