Green Card for dad

[Carmen_E 0]

Hi,

I am a US citizen and would like to get the green card for my dad. He is 80 years old and widowed, and lives in Venezuela but has a US tourist visa. My questions are:

1.       Is it better to submit all the forms for the green card while he’s still on Venezuela?, or

2.       Is it better while he’s in the US as a tourist and submit the adjustment of status?

 

Somebody told me that it takes longer if I submit the docs while he is in Vzla because of the issues with the embassy in Caracas.

 

Thanks in advanced for all the help and replies.

[WeGuyGal 1,052]

number 1 is legal

number 2 is fraud (entering on a tourist visa with intent to adjust status is not the intended use of that visa, embassy issues notwithstanding)

 

As a petitioner, be prepared to look into medical finances for an aging parent. US medical care is expensive, and is often an afterthought. 

[Unlockable 7,316]

You can definitely do #1.

#2 is considered fraud.

 

 

[Carmen_E 0]

Thank you all for your clarification. I'll do #1

 

[Ryan H 3,834]

***Post advocating visa fraud removed; Administrative Action will be taken if such content is posted again in this thread.***

[Roel 7,193]

10 minutes ago, willcrack said:

Ryan H, I think you went a bit too trigger-happy deleting the post mentioning it advocates "visa fraud".

 

Please refer to this thread on VisaJourney talking about the same issue: 

Also refer to this legal aspect of Adjusting Status while on tourist visa, intent and what USCIS policy says: https://www.peerallylaw.com/en/content/view/562/

 

By deleting the post you are shutting off legal options available to the OP. Immigration law is not as black and white as you may perceive it.

It's pretty clear. You can adjust status from torusit visa when you're in the US. 

 

Planning on using torusit visa for immigration is a fraud. It's not a legal option on OPs case so don't confuse him. 

[willcrack 42]

The pre-conceived intent and considering it as fraud is not a matter as simple as it seems  - I would rather the OP consult an attorney (and that's what I recommended in my original post)  since it would be a great disservice if we start putting an opinion on topics which are not black and white.

 

Also, it would bode well, if those who think it is that simple, actually take the effort to read the legal opinion link I posted.

 

Further, Dept. of State released its latest 90-day rule in (instead of 30/60/90) in October 2017, here which provides additional color to this for adjustment of status for immediate relatives: https://fam.state.gov/fam/09FAM/09FAM030209.html . Essentially preconceived intent is outweighed by the immediate relative aspect through rulings of the Board of Immigration Appeals.

 

Edited March 27, 2018 by willcrack

[Roel 7,193]

If his dad is not in the US right,  he cannot use his torusit visa as a mean to immigrate there. It's not an immigrant visa. The family based visas are there for a reason and yes, people use this loophole to immigrate as tourists but it is and will be always a fraud. 

 

His dad can always lie about his intent on the POE, sure. But since he and his son already plan on immigrating, family visa is the only option. 

 

God I wish they would finally remove the option for AOS  from torusit visa. It's an absolutely worst way to cheat the system. 

[Ontarkie 14,610]

~~THis thread is locked to further discussion. Members have answered the OP in what legal options are available and he continues to try to skirt around it.  -Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method. This thread is not to be restarted in any shape or form.~~