US Citizen wants to apply for parents GC (inside or outside US better?)

[Karim2018 100]

Hi Guys/Gals,

 

I've read somewhere that it's faster to apply for your parents' GC if they're already in the US on a visitor's visa. Is that correct? In that's case, do they have to file both I-130 and I-485 or do they only have to file I-485 to adjust their status? Generally, when they come visit they're granted a 6-month stay. Given the USCIS workload these days, the question is is that enough time to file I-485,and getting it approved or do they get an extension of their stay/visa, if needed?

 

Thank you in advance!

 

-K

[Daphne . 1,846]

Big question here is where are they now? If they are outside of the US, this is not even something to wonder about because you’ll only have the option to do consular processing (meaning outside of the US) anyways. 

Edited April 19, 2023 by Daphne .

[SteveInBostonI130 3,408]

It is immigration fraud to enter the US on a non-immigrant visa (B2 or similar) to adjust status.

[disconnection 4]

If they are in the US then they can stay and do an adjustment of status.  The process will need an immigration attorney because it is a little bit tricky. Don’t do it yourself! 

[SalishSea 17,744]

59 minutes ago, Karim2018 said:

Hi Guys/Gals,

 

I've read somewhere that it's faster to apply for your parents' GC if they're already in the US on a visitor's visa. Is that correct? In that's case, do they have to file both I-130 and I-485 or do they only have to file I-485 to adjust their status? Generally, when they come visit they're granted a 6-month stay. Given the USCIS workload these days, the question is is that enough time to file I-485,and getting it approved or do they get an extension of their stay/visa, if needed?

 

Thank you in advance!

 

-K

This is immigration fraud!  Petition them for an immigrant visa.  The wait time is what it is.

[Karim2018 100]

@SteveInBostonI130 Roger that!

@Daphne Currently, they're in States for 3 months.

 

Thank you all!

[SalishSea 17,744]

1 minute ago, disconnection said:

If they are in the US then they can stay and do an adjustment of status.  The process will need an immigration attorney because it is a little bit tricky. Don’t do it yourself! 

 

 

It absolutely can be DIY, which is the essence of VJ.

Edited April 19, 2023 by SalishSea

[Karim2018 100]

30 minutes ago, SteveInBostonI130 said:

It is immigration fraud to enter the US on a non-immigrant visa (B2 or similar) to adjust status.

Don't get too excited and start throwing big words like "fraud" around! You missed an IMPORTANT word in your response!

"It is immigration fraud to enter the US on a non-immigrant visa (B2 or similar) with the intention to adjust status."

 

Thanks for the advice anyway!

 

-K

[Sammy_2496 116]

If they are in the US currently, they can stay and adjust status. If they are outside the US, they will need to do consular processing. Entering the US with the intent to adjust status is fraud and you do not want to mess with that.

Edited April 19, 2023 by Sammy_2496

[SteveInBostonI130 3,408]

8 hours ago, Karim2018 said:

Don't get too excited and start throwing big words like "fraud" around! You missed an IMPORTANT word in your response!

"It is immigration fraud to enter the US on a non-immigrant visa (B2 or similar) with the intention to adjust status."

 

Thanks for the advice anyway!

 

-K

Intent is established by your first post.

 

[Daphne . 1,846]

9 hours ago, Karim2018 said:

@SteveInBostonI130 Roger that!

@Daphne Currently, they're in States for 3 months.

 

Thank you all!

In that case, adjustment of status will work. Just be aware that it might not be (a lot) quicker and they won’t be able to leave the US until they either have their greencards or their travel authorization. Keep this in mind because that might not be an ideal situation. Doing the adjustment of status always looks like a great idea until it doesn’t. Good luck! 

[JeanneAdil 6,413]

it will not be any faster

now,  USCIS has to do all the background checks that would have been provided by the immigrant in MOroc

there are 2 criminal reports needed on each person

these take time

u r looking at a 2+ year wait time

[SalishSea 17,744]

On 4/18/2023 at 6:56 PM, Karim2018 said:

Generally, when they come visit they're granted a 6-month stay.

This comment makes it pretty clear that they are not currently in the US, and is the reason why you are being warned about fraud in this thread.

[Karim2018 100]

On 4/19/2023 at 4:57 AM, SteveInBostonI130 said:

Intent is established by your first post.

 

My 1st post was merely inquisitive (read it again). No intent and no BS.

[Karim2018 100]

On 4/22/2023 at 3:14 PM, SalishSea said:

This comment makes it pretty clear that they are not currently in the US, and is the reason why you are being warned about fraud in this thread.

They are in the US and my inquiry was merely inquisitive of nature. No fraud or malicious intent here; just a question. If you care to know, we've asked them if they're interested in moving to the States permanently, and they don't want to. They prefer to come visit whenever possible then go back to their life.