i485 on B1/B2 tourist visa

[ariendj 39]

I want to apply for Green Cards for my mom and dad. They are currently out of the country and have valid B1/B2 visitors visa. I have 2 options:

1. Apply i130 in the home country and wait the process out (could take around 18-24 months)
2. They come to US on the visitors visa and I apply for i130 and i485.

 

Some of my queries are:

1. Will they get an extension to stay on their B1/B2 visa if I take the second route?
2. Can they travel back to home country if there was an emergency before the GC interview?

[arken 4,197]

5 minutes ago, ariendj said:

They come to US on the visitors visa and I apply for i130 and i485.

This is considered fraud, traveling to the US with the intent to do AOS.

[ariendj 39]

23 minutes ago, arken said:

This is considered fraud, traveling to the US with the intent to do AOS.

Ok thank you for that info. I didn't know it.

I have seen cases where people did exactly this and then applied for file I-131, Advance Parole to extend their B1/B2 visa stay till the AOS was approved.

 

[Boiler 46,121]

B is for visiting not immigrating.

[Crazy Cat 42,317]

42 minutes ago, ariendj said:

I want to apply for Green Cards for my mom and dad. They are currently out of the country and have valid B1/B2 visitors visa. I have 2 options:

1. Apply i130 in the home country and wait the process out (could take around 18-24 months)
2. They come to US on the visitors visa and I apply for i130 and i485.

 

Some of my queries are:

1. Will they get an extension to stay on their B1/B2 visa if I take the second route?
2. Can they travel back to home country if there was an emergency before the GC interview?

Option 1: That is your only option

Option 2: Visa fraud.  A person cannot enter the US as a tourist with the intent to stay and adjust status.  Don't try this.

 

[arken 4,197]

14 minutes ago, ariendj said:

Ok thank you for that info. I didn't know it.

I have seen cases where people did exactly this and then applied for file I-131, Advance Parole to extend their B1/B2 visa stay till the AOS was approved.

 

Yes for people who are just visiting the US on B2, situation may change and they may do so legally but coming to the US to do so with sole intent to do so fraud. It's all about intent.

Analogy:

You are walking down the street, you were on your phone and you bumped into a person and that person falls on the ground. You help that person get up, apologize, and all good. Even if cops are called, you will eventually be let go with no issues as you didn't intend to do so.

 

Another person sees the whole even and decides oh i can do so. He walks up to a stranger, intentionally bumps him hard who then falls to the ground. The other person fights back, cops are called and that guy gets arrested. 
 

Same scenario, different intents, different results.

Edited September 14, 2021 by arken

[Sarah&Facundo 599]

Example of where it would not be fraud:
 

A significant other traveled on their B2 to the US to visit as a vacation. Then there was an unexpected worldwide pandemic while they were in the US, so their situation changed and they decided to marry within the US and file. But that was not their intention when they traveled in the first place.

 

Coming in with the intent to adjust status is fraud because that is not how a B2 is supposed to be used.