Concurrent filing I-130 and I-485 for parents who are Canadian citizens

[jamburger 5]

I am applying for US green card for my parents to come live with me (naturalized USC living in US). They are both naturalized Canadian citizens currently living in Canada. They currently travel back and forth between US and Canada almost every month.

 

Please let me know if you know the answers to the below questions. I really appreciate your time and help.

 

1) Can I file I-130 and I-485 concurrently while they are in the US as visitors?

2) If yes, how long is the typical processing timeline for concurrent filing. My assumption is that concurrent filing is much faster than consular processing. But don't know what the timelines are for concurrent filing or consular processing in Canada.

3) After starting the application process, can they travel back and forth between US and Canada?

    a. Consular processing, I-130 step in progress: can they continue to travel back and forth between US and Canada, while this step is in progress?

    b. Consular processing, I-130 step complete & waiting to NVC interview: can they continue to travel back and forth between US and Canada, while waiting to NVC interview?

    c. Concurrent filing, I-130 and I-485: can they continue to travel back and forth between US and Canada, while the application is in progress?

[Crazy Cat 42,125]

1.  Where are they right now?  They cannot enter the US as a visitor with the intent to stay and adjust status.  They would be committing visa fraud.

2.  It sounds like they are in Canada right now......I-485 processing is not available to them if that is so.

3.  Once an I-485 is filed for adjustment of status, the applicant cannot leave the US until an approved advance parole document is in their possession.  That could easily take 8 months. 

4.  Visiting is allowed during the process for consular processing....at the discretion of CBP.

Edited March 20, 2022 by Crazy Cat

[Crazy Cat 42,125]

It is fraud to enter the US as a visitor with the intent to adjust status.  The Terms Of Service for Visa Journey prohibits the condoning or instructing fraud. 

 

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

Edited March 20, 2022 by Crazy Cat

[Ontarkie 14,419]

~~One post removed for TOS Violations, admin action taken.~~

[SalishSea 18,096]

3 hours ago, jamburger said:

If yes, how long is the typical processing timeline for concurrent filing. My assumption is that concurrent filing is much faster than consular processing. But don't know what the timelines are for concurrent filing or consular processing in Canada.

No.  Filing concurrently after they enter for a visit in order to circumvent the queue is fraud.

 

What happened to petitioning them, as per your other threads?

[iwannaplay54 985]

Best thing to happen here is take this thread down.

OP is suggested to petition his parents properly, not search for ways to skirt immigration laws.

 

Edited March 21, 2022 by iwannaplay54

[jamburger 5]

1 hour ago, Jorgedig said:

No.  Filing concurrently after they enter for a visit in order to circumvent the queue is fraud.

 

What happened to petitioning them, as per your other threads?

Thanks for your comment. I didn't know concurrent filing as a visitor is a fraud. I thought consular processing is for people who cant enter US. Now I understand.

 

Regarding your question: I filed I-130 petitions in 2020 when US-Canada border was closed due to Covid. I chose consular processing at that time. I assumed they can't enter US after I start the GC process, but US-Canada border was closed, so wouldn't have mattered. However, US Consulate in Canada paused DNA testing services and my petitions were denied in 2021 because DNA tests are still paused. 

 

I want to re-apply for I-130, now that US-Canada border is open. Although US Consulate in Canada still didn't resume DNA testing, my parents can get DNA tested in US. 

[jamburger 5]

23 minutes ago, iwannaplay54 said:

Best thing to happen here is take this thread down.

OP is suggested to petition his parents properly, not search for ways to skirt immigration laws.

 

Perhaps the laws/process is obvious for some people on this form but I didn't know, hence the question. Thanks for letting me know. 

 

 

[iwannaplay54 985]

8 minutes ago, jamburger said:

Perhaps the laws/process is obvious for some people on this form but I didn't know, hence the question. Thanks for letting me know. 

 

 

You know exactly what to do.  You have already filed a petition.

[SalishSea 18,096]

25 minutes ago, jamburger said:

Although US Consulate in Canada still didn't resume DNA testing, my parents can get DNA tested in US. 

Consulates are very strict about DNA testing.  You cannot just go to any lab you wish.

 

You seem to be headed down a slippery slope.  My advice is to do things legitimately.  You already have issues proving parentage, don't complicate it with other shady activities.

Edited March 21, 2022 by Jorgedig

[jamburger 5]

15 minutes ago, iwannaplay54 said:

You know exactly what to do.  You have already filed a petition.

Like I said, that petition was filed when US-Canada land border was closed due to Covid. So concurrent filing was not option then. Now, I know it is not option even now after the border is open.

[jamburger 5]

10 minutes ago, Jorgedig said:

Consulates are very strict about DNA testing.  You cannot just go to any lab you wish.

 

You seem to be headed down a slippery slope.  My advice is to do things legitimately.  You already have issues proving parentage, don't complicate it with other shady activities.

No, I am NOT going to any lab I wish. I called the USCIS approved AABB lab that that took my DNA sample and they suggested that my parents can visit their location (just like I did) and get tested at their location. This is same lab that is waiting for the Consulate in Canada to open DNA testing for 2 years now. That lab said, bring your parents here and we will collect their sample here. 

 

No shady activities, doing things legitimately.

 

 

[jamburger 5]

5 hours ago, jamburger said:

3) After starting the application process, can they travel back and forth between US and Canada?

    a. Consular processing, I-130 step in progress: can they continue to travel back and forth between US and Canada, while this step is in progress?

    b. Consular processing, I-130 step complete & waiting to NVC interview: can they continue to travel back and forth between US and Canada, while waiting to NVC interview?

 

Can someone please comment on the consular processing process? Can the beneficiaries travel in and out of US (using their Canadian passport) after I file I-130 using the consular processing option? Or are they not allowed to enter US until they get their GC?

[SalishSea 18,096]

1 hour ago, jamburger said:

Can someone please comment on the consular processing process? Can the beneficiaries travel in and out of US (using their Canadian passport) after I file I-130 using the consular processing option? Or are they not allowed to enter US until they get their GC?

As with any request to enter the US, it is subject to CBP approval.  They will need to show ties to Canada and demonstrate that they are not trying to come over to adjust.  

 

Not a good ideae to drive U-Hauls full of furniture over the land crossing if just trying to visit, for example.

Edited March 21, 2022 by Jorgedig

[Dashinka 24,740]

7 hours ago, jamburger said:

Can someone please comment on the consular processing process? Can the beneficiaries travel in and out of US (using their Canadian passport) after I file I-130 using the consular processing option? Or are they not allowed to enter US until they get their GC?

They can visit assuming the convince CBP they are not planning on staying permanently.  As @Jorgedig mentioned, coming here with all their worldly goods is not a good idea if they are simply visiting and to get a DNA sample taken.

 

Good Luck!