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Can I file my parents' I-130 and I-485 when they visit me here in USA on visitor's visa (B2) ?

Roselle, IL |

My parents are going to visit me here and my citizenship is in progress and supposed to be a citizen of in late September 2014. Can I file their I-130 and I-485 during their stay in US ? If so after filing, if their Visitor visa is going to expire, can they stay in US ? I read on USCIS that they can not leave country after filing their form ? What if their visitor visa stay (I-94) is over ?

I thought to add more information as I did not mean to break any US immigration laws or I do not have any illegal intentions. This is just the question for information purpose only....

Attorney Answers 3


  1. it is certainly a possibility but you need to consult an attorney before doing anything as they may get denied for preconceived intent to immigrate while using non immigrant visa to by pass the orderly processing of their immigrant visa.


  2. Although it is 'possible' it may not be a good idea.

    If they know of your plan, they would need to 'lie' at the border when they come in ... claiming to be NON-immigrant TOURISTS ... when they were really 'hiding' the intention to immigrate.

    Do things right .. pay an attorney for a consultation .. .many of us do this via Skype.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. It would be much better if you stick to the consulate processing instead of violating the laws of the very country you want your family to immigrate to. Coming here on a visitor's visa with an intent to seek immigration constitutes visa fraud.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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