Adjustment of Status B1/B2 Visa (LPR Status of Parents)

[parthptl 9]

Hello, 

 

This case is a bit complex. My brother lives in Canada with a student visa and valid US b1-B2 visa. My Parents are recently coming to USA as their interview date is in November. They will be on IR-1 visa and will have LPR once they come. 

 

Now, the complex situation is that my brother is under 21 and will be 21 next year in January. But, will remain unmarried. He wants to come to USA and stay, what are the options for him to stay? and, also potentially work or study? 

 

Have my parents submit both I-130 and I-485 at same time? Also, with that submission, can he drive/work/study? 

 

Thanks for the help! 

[SalishSea 17,980]

11 minutes ago, parthptl said:

Hello, 

 

This case is a bit complex. My brother lives in Canada with a student visa and valid US b1-B2 visa. My Parents are recently coming to USA as their interview date is in November. They will be on IR-1 visa and will have LPR once they come. 

 

Now, the complex situation is that my brother is under 21 and will be 21 next year in January. But, will remain unmarried. He wants to come to USA and stay, what are the options for him to stay? and, also potentially work or study? 

 

Have my parents submit both I-130 and I-485 at same time? Also, with that submission, can he drive/work/study? 

 

Thanks for the help! 

Whether they can petition for him before he turns 21 depends entirely on what type of AP they undergo before the visa and permanent residency is issued.

 

Are you familiar with the visa bulletin?  That can give you an idea of wait times for visa numbers to be available for Indians.

 

He cannot come to the US to drive/work/study with only submitted documents.  Obviously, he needs an immigrant visa to do those things.

Edited October 10, 2022 by Jorgedig

[Dashinka 24,649]

What you are suggesting is fraud.  Since neither  your parents or your brother are currently in the US, adjustment of status is not an option as your brother cannot enter the US with a B2 visa with the intent to stay and adjust status.  Your parents can file an I130 for him when they enter and become LPR’s, I am not sure what the cutoff date is for aging out, but they could request an expedite to avoid him aging out.  He can certainly visit while everything is processing and finish his studies.

 

Good Luck!

[parthptl 9]

1 hour ago, Dashinka said:

What you are suggesting is fraud.  Since neither  your parents or your brother are currently in the US, adjustment of status is not an option as your brother cannot enter the US with a B2 visa with the intent to stay and adjust status.  Your parents can file an I130 for him when they enter and become LPR’s, I am not sure what the cutoff date is for aging out, but they could request an expedite to avoid him aging out.  He can certainly visit while everything is processing and finish his studies.

 

Good Luck!

What I mean is once they arrive in USA and get Green Card with IR-1 status they will file I-130 and he will travel to USA with B1-B2 visa, and then they will file I-130 and I485 for him at same time.. 

 

How is that fraud? 

[parthptl 9]

1 hour ago, Jorgedig said:

Whether they can petition for him before he turns 21 depends entirely on what type of AP they undergo before the visa and permanent residency is issued.

 

Are you familiar with the visa bulletin?  That can give you an idea of wait times for visa numbers to be available for Indians.

 

He cannot come to the US to drive/work/study with only submitted documents.  Obviously, he needs an immigrant visa to do those things.

 I see.. can he not file for EAD? and his Canadian Drivers license will be valid? Also, Incase if he goes over 21 before filing can he maintain the speed of under age 21 in terms of lengthy process? 

[SalishSea 17,980]

5 minutes ago, parthptl said:

What I mean is once they arrive in USA and get Green Card with IR-1 status they will file I-130 and he will travel to USA with B1-B2 visa, and then they will file I-130 and I485 for him at same time.. 

 

How is that fraud? 

It is fraud for him to try to enter on a B visa with the intention of adjusting status.

 

He needs to be petitioned for a visa, and interviewed for it abroad.   That’s how this works.

[Dashinka 24,649]

24 minutes ago, parthptl said:

What I mean is once they arrive in USA and get Green Card with IR-1 status they will file I-130 and he will travel to USA with B1-B2 visa, and then they will file I-130 and I485 for him at same time.. 

 

How is that fraud? 

Re-read what I wrote.  He cannot enter the US on a visitor visa with the preconceived intent to stay and adjust status.  What would he say to the CBP officer when entering?  Have them file the I130 when they gain their LPR status and let it proceed to consular processing.

[Mike E 11,741]

2 hours ago, Dashinka said:

  What would he say to the CBP officer when entering? 

In before the lock.  Assume he told the truth, which of course he should do.  If the CBP officer admits him, then what?

[Dashinka 24,649]

8 hours ago, Mike E said:

In before the lock.  Assume he told the truth, which of course he should do.  If the CBP officer admits him, then what?

Certainly a possibility, but the CBP officer would have to be asleep.

[Kanja 202]

17 hours ago, parthptl said:

Hello, 

 

This case is a bit complex. My brother lives in Canada with a student visa and valid US b1-B2 visa. My Parents are recently coming to USA as their interview date is in November. They will be on IR-1 visa and will have LPR once they come. 

 

Now, the complex situation is that my brother is under 21 and will be 21 next year in January. But, will remain unmarried. He wants to come to USA and stay, what are the options for him to stay? and, also potentially work or study? 

 

Have my parents submit both I-130 and I-485 at same time? Also, with that submission, can he drive/work/study? 

 

Thanks for the help! 

I THINK, that if their interview is next month and everything goes well they can file for him immediately. The only thing I am not sure of is if they have to wait till they physically have their permanent residence card in their hand to petition for him. But it seems like if their interview is in November they should be able to petition for him before he turns 21, no problem- unless I am missing something.

 

i think the bigger issue is he will have to wait it out in Canada or his country of origin. While many people come on a tourist visa and wait it out, it’s not advisable and he will be out of status. The only other option I can think of is potentially transferring schools to a US based school and going for an F1 visa. Depending on the state he may be able to get a license and drive. In terms of working there are very limited work options on a student visa, but there are some. 

[JeanneAdil 6,583]

https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-5.html

Using a Tourist Visa While Intending Permanent Stay in the U.S. Is Fraud

If you pose as a tourist (whether with a visa or on the VWP) with the secret intention of staying in the United States for an indefinite time, you will have committed visa fraud. Visitor visas, or indeed any temporary visas, are for people who intend to stay temporarily—and then leave. They are not for people who plan to marry and live happily ever after in the United States.

If U.S. Citizenship and Immigration Services (USCIS) chooses to make an issue of it, your misuse of a tourist visa could lead to your losing the right to obtain not only a marriage-based green card, but most other types of U.S. visas.

[Crazy Cat 41,985]

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[Ontarkie 14,320]

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