Dad have B2 visa, can I apply I-484 and he can travel before the interview

[offerdeals 0]

Hi,

 

My dad (Indian citizen) have a valid b2 visa. I was hoping that I apply for his I-130.

Once approved, he can I can apply for his I-485 and he can travel on B2 before the interview here in US.

Or I can file his Advance Parole which once approved, I can hand over to him when I travel to India on vacation in November. Then he can travel before the interview here in US.

 

Thanks and Regards,

HP

 

 

 

[payxibka 10,047]

11 minutes ago, offerdeals said:

Hi,

 

My dad (Indian citizen) have a valid b2 visa. I was hoping that I apply for his I-130.

Once approved, he can I can apply for his I-485 and he can travel on B2 before the interview here in US.

Or I can file his Advance Parole which once approved, I can hand over to him when I travel to India on vacation in November. Then he can travel before the interview here in US.

 

Thanks and Regards,

HP

 

 

 

He cannot depart internationally until AP is APPROVED.   Any departure before that date abandons the i485.  No handing over the card. 

[SusieQQQ 11,587]

Unless I am misunderstanding your post, you have a lot the wrong way round.

You can’t file an i485 for him until he is physically in the US. Then he will have to wait many months for AP.

But it is also immigration fraud to plan to use a B visa to immigrate. As he is currently in India what you are supposed to do is file an i130 for him, then wait until he gets an interview at the consulate in Mumbai, then he will get an immigrant visa and use that to immigrate. 
 

(If he is currently in the US then I don’t really understand what you are trying to do with traveling for the interview or giving him AP in India ?)

Edited May 18, 2021 by SusieQQQ

[offerdeals 0]

So he cannot apply for EAD or I485 unless he is physically in US right?

It has to be an interview in Mumbai then travel with GC on passport stamp.

 

Considering the current wait time bcuz of Covid situation in India it may take long time. what he want to travel to visit me in B2 while his GC interview in pending?

 

Thanks and Regards,

HP

 

[offerdeals 0]

6 minutes ago, SusieQQQ said:

Unless I am misunderstanding your post, you have a lot the wrong way round.

You can’t file an i485 for him until he is physically in the US. Then he will have to wait many months for AP.

But it is also immigration fraud to plan to use a B visa to immigrate. As he is currently in India what you are supposed to do is file an i130 for him, then wait until he gets an interview at the consulate in Mumbai, then he will get an immigrant visa and use that to immigrate. 
 

(If he is currently in the US then I don’t really understand what you are trying to do with traveling for the interview or giving him AP in India ?)

Sorry, I meant EAD not AP. My bad.

 

[Chancy 6,243]

5 hours ago, offerdeals said:

So he cannot apply for EAD or I485 unless he is physically in US right?

 

Using a B2 visa to travel to the US with intent to stay and adjust status is fraud.  Don't do it.

 

Your father can visit, if the inspecting CBP officer at POE determines that your father intends to return to India on time and NOT stay and file I-485 in the US.