Sponsoring Parents I-485 vs Consular Processing

[malenonimmigrant 10]

As a USC, I wish to sponsor both my parents. They currently live outside the United States. What route would you recommend: (1) bring them here on a tourist visa, file I-130 and then I-485, or (2) have them go the consular processing route?

 

I hear that wait times for I-130 approval are quite long (roughly 12.5 months). So does it make any sense for them to come here and go the route of I-485 when it's just going to take a really long time even getting to I-485 due to I-130 wait time? Or are they able to obtain Advanced Parole and EAD while waiting for I-130 approval?

 

Hope someone can provide which is the best route to take.

 

Thanks!

[Daphne . 1,852]

If they are outside of the US, your only option is consular processing. Having them enter on a tourist visa with the intent to adjust status is fraud. 
 

Edited May 20, 2023 by Daphne .

[Redro 4,611]

12 minutes ago, malenonimmigrant said:

As a USC, I wish to sponsor both my parents. They currently live outside the United States. What route would you recommend: (1) bring them here on a tourist visa, file I-130 and then I-485, or (2) have them go the consular processing route?

 

I hear that wait times for I-130 approval are quite long (roughly 12.5 months). So does it make any sense for them to come here and go the route of I-485 when it's just going to take a really long time even getting to I-485 due to I-130 wait time? Or are they able to obtain Advanced Parole and EAD while waiting for I-130 approval?

 

Hope someone can provide which is the best route to take.

 

Thanks!

If they already have a tourist visa they can visit while the I-130 is processing. 

But, if they are only obtaining the tourist visa with the intent of adjusting, this is fraud and they will probably not be granted the non-immigrant visa. 

 

[SalishSea 17,778]

40 minutes ago, malenonimmigrant said:

As a USC, I wish to sponsor both my parents. They currently live outside the United States. What route would you recommend: (1) bring them here on a tourist visa, file I-130 and then I-485, or (2) have them go the consular processing route?

 

I hear that wait times for I-130 approval are quite long (roughly 12.5 months). So does it make any sense for them to come here and go the route of I-485 when it's just going to take a really long time even getting to I-485 due to I-130 wait time? Or are they able to obtain Advanced Parole and EAD while waiting for I-130 approval?

 

Hope someone can provide which is the best route to take.

 

Thanks!

Sigh…….   

[SalishSea 17,778]

41 minutes ago, malenonimmigrant said:

As a USC, I wish to sponsor both my parents. They currently live outside the United States. What route would you recommend: (1) bring them here on a tourist visa, file I-130 and then I-485, or (2) have them go the consular processing route?

 

I hear that wait times for I-130 approval are quite long (roughly 12.5 months). So does it make any sense for them to come here and go the route of I-485 when it's just going to take a really long time even getting to I-485 due to I-130 wait time? Or are they able to obtain Advanced Parole and EAD while waiting for I-130 approval?

 

Hope someone can provide which is the best route to take.

 

Thanks!

If that was legal, don’t you think everyone would do it, to circumvent the wait time?   This is why certain countries, including yours, have high B visa rejection rates.

 

Do it the right way.   
 

Do not commit fraud.

 

Waiting is part of the process that we all go through; your case is no more or less important than anyone else’s.

 

 

[malenonimmigrant 10]

11 hours ago, SalishSea said:

If that was legal, don’t you think everyone would do it, to circumvent the wait time?   This is why certain countries, including yours, have high B visa rejection rates.

 

Do it the right way.   
 

Do not commit fraud.

 

Waiting is part of the process that we all go through; your case is no more or less important than anyone else’s.

 

 

 

 

I don't know what the procedure is so that's why I asked. So many people enter the US on a tourist visa and then switch to work visas or student visas which is all legal. The Biden administration has also allowed those that lose their jobs while on work visas to switch to tourist visas while they search for new employment which technically is considered fraudulent. 

 

There's no law that says you can't sponsor parents while they are already present in the US on tourist visas. 

Edited May 20, 2023 by milimelo
insulting other members

[malenonimmigrant 10]

5 hours ago, Redro said:

If they already have a tourist visa they can visit while the I-130 is processing. 

But, if they are only obtaining the tourist visa with the intent of adjusting, this is fraud and they will probably not be granted the non-immigrant visa. 

 

Where in law does it say that this is fraud? My understanding is that if the parents are in the United States legally, they'd just file I-485, even if they are on tourist visas. 

[malenonimmigrant 10]

4 hours ago, SalishSea said:

Sigh…….   

Yup, you have no idea what you're talking about. Maybe read up on the law before you go accusing people of fraud: https://www.gardnerandmendoza.com/change-of-status-from-visitor-visa-to-green-card/

[malenonimmigrant 10]

5 hours ago, Daphne . said:

If they are outside of the US, your only option is consular processing. Having them enter on a tourist visa with the intent to adjust status is fraud. 
 

Clearly you don't know anything about immigration law. No where does it say adjusting your status on a tourist visa is fraud: https://www.gardnerandmendoza.com/change-of-status-from-visitor-visa-to-green-card/

[Redro 4,611]

3 hours ago, malenonimmigrant said:

Where in law does it say that this is fraud? My understanding is that if the parents are in the United States legally, they'd just file I-485, even if they are on tourist visas. 

But, your parents are currently not in the US… 
 

Have you seen the reasoning behind B1/B2 denials? 
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html 

if the CO believes your parents are only going to the US to adjust not visit they’re visa will be denied. 
if CBP believes on entry your parents are coming to live not visit they’ll probably go into secondary where they’ll be questioned, maybe have their bags searched and if CBP believes they are going to adjust they could be refused entry and sent back to Kenya… 

Of course if your parents were already here in the US they could adjust… but they aren’t here… 

It is also against visajourney TOS to condone fraud so I’m OUT. 
 

 

Edited May 20, 2023 by Redro

[belinda63 3,033]

If your parents use the tourist visa to enter the US with the intent to adjust status one of two things might happen.

1. They are honest at the immigration check point and say they are entering with the intent to remain and obtain a green card. Result, they are put on the next plane back home.

2. They lie about their intent and could be discovered, charged with lying to an immigration official, deported, and receive a permanent ban from the US. 

[Daphne . 1,852]

5 hours ago, malenonimmigrant said:

Clearly you don't know anything about immigration law. No where does it say adjusting your status on a tourist visa is fraud: https://www.gardnerandmendoza.com/change-of-status-from-visitor-visa-to-green-card/

If parents would be in the US already, there would not be an issue. But having them enter the US with the intent to adjust status is fraud. What will they tell CBP when CBP asks them what the purpose of their visit it? What do you think will happen if they say “we’re going to adjust status once we’re in the US”. 
 

I also don’t appreciate your attitude and calling members racist when they give you an answer you don’t like. This forum has members from all over the world, and nobody made a racist comment. Drop your attitude! 

[appleblossom 2,396]

5 hours ago, malenonimmigrant said:

Clearly you don't know anything about immigration law. No where does it say adjusting your status on a tourist visa is fraud: https://www.gardnerandmendoza.com/change-of-status-from-visitor-visa-to-green-card/

You're misunderstanding what people are telling you. You're quite right that AOS isn't illegal or fraudulent. But entering and pretending to be visitors when actually they have no intention of going home and are going to apply for an immigrant visa is. It's the misrepresentation on entry that's the fraudulent bit. Not worth them risking immigrant visa refusal or a ban, just apply the correct way and hopefully it will all go smoothly.

 

Good luck.

 

 

[Crazy Cat 41,728]

6 hours ago, malenonimmigrant said:

Where in law does it say that this is fraud? My understanding is that if the parents are in the United States legally, they'd just file I-485, even if they are on tourist visas. 

You don't know what you are talking about...and you are in violation of the terms of service for VJ.

[Crazy Cat 41,728]

6 hours ago, malenonimmigrant said:

Clearly you don't know anything about immigration law. No where does it say adjusting your status on a tourist visa is fraud: https://www.gardnerandmendoza.com/change-of-status-from-visitor-visa-to-green-card/

Actually, YOU are misinformed. You have ONLY one option.  Consular processing.  Anyone who tells you otherwise is misinformed or condoning fraud!!!!

Edited May 20, 2023 by Crazy Cat