US Citizen filing Green Card for Parents

[immi2019 0]

Hi folks!

I am a US citizen and my parents will be visiting me in Seattle later this year. I plan to file for their green card (I-130+I-485) when they visit. I have been researching processing times online and I am not quite clear on this. Couple of questions:

1) How long would it take for their petition to be approved?

2) Can they travel back to their home country while the petition is pending or do they have to stay in US while I-130 and I-485 are fully processed? I am asking this because they may need to go back for short trips for medical reasons.

 

[payxibka 10,047]

Using a nonimmigrant entry with the express purpose of filing for an immigrant benefit is a very big no no

[Crazy Cat 42,197]

8 minutes ago, immi2019 said:

I plan to file for their green card (I-130+I-485) when they visit.

That is visa fraud.....No one here will give you any help.......This thread will soon be deleted.

Edited December 29, 2019 by missileman

[immi2019 0]

1 minute ago, missileman said:

That is visa fraud.........This thread will soon be deleted.

How is this visa fraud? Please explain. I plan to follow the full process as indicated here:

https://www.uscis.gov/family/family-us-citizens/bringing-parents-live-united-states-permanent-residents

[Crazy Cat 42,197]

Just now, immi2019 said:

How is this visa fraud? Please explain. I plan to follow the full process as indicated here:

https://www.uscis.gov/family/family-us-citizens/bringing-parents-live-united-states-permanent-residents

Concurrent filing can only be used for people who are already in the US.  Your parents are not, thus they must follow the procedures for consulate filing.......in their country.  

[immi2019 0]

Got it, thank you! I will file 1-130 in their home country. How long does it take for that to process and can they still visit me while the petition is pending?

[Crazy Cat 42,197]

Just now, immi2019 said:

Got it, thank you! I will file 1-130 in their home country. How long does it take for that to process and can they still visit me while the petition is pending?

The time depends on several factors......but probably about a year or so.  Yes, they can visit during the process if they can convince the CBP Officer that they will return to their country after the visit.  They should be prepared to show proof of strong ties to their home.

[payxibka 10,047]

2 minutes ago, immi2019 said:

Got it, thank you! I will file 1-130 in their home country. How long does it take for that to process and can they still visit me while the petition is pending?

A year maybe a little more.

 

  Visiting is possible subject to normal entry requirements and inspection 

[Cathi 5,783]

Entering the U.S. on the VWP or with a visitor visa with the intent to stay and adjust status is visa fraud. 😐

[JFH 12,191]

7 hours ago, immi2019 said:

Got it, thank you! I will file 1-130 in their home country. How long does it take for that to process and can they still visit me while the petition is pending?

If they already have a B-2 visa then their chances of being able to visit are slightly better than if they don’t. Getting approved for a B-2 with a family-based IR petition in the works is a huge hurdle.