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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....

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Attorney answers 3

Posted

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.

Posted

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.

Asker

Posted

Yes I will see an attorney for sure... They already booked their flight for both ways and they are going back anyways ... I was planning to consider if this is possible

F. J. Capriotti III

F. J. Capriotti III

Posted

Smart .. very smart.

F. J. Capriotti III

F. J. Capriotti III

Posted

Also, yes ... if you file for them when they are here .. they should stay in the US for the entire 9-12 months it takes to process the papers. OR ... better yet .. .just process the papers in their home country.

Asker

Posted

Well, I do not have any intention to do anything illegal as a lawful US resident... as my parents are visiting me for their vacation. My one of the friends mentioned that this can be a case to consider. He mentioned that if your parents file the forms in their home country, they may not come to meet us in future even if they have a valid travel visa while their immigration forms in process until they get their migration visa approval... Anyways Thank you for the information. I will definitely keep in mind that we will not break any US laws... Anyways Thank you for the information. I will definitely keep in mind that we will not break any US laws...

F. J. Capriotti III

F. J. Capriotti III

Posted

Yes, it is basically true that they will have difficulty coming into the US as visitors during the 9-12 months that their papers are being processed in their homeland. But, in most cases, that isn't a big 'deal'. Most people are starting to pack, selling off their property, etc. during that time.

Posted

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.

Asker

Posted

Well, I do not have any intention to do anything illegal as a lawful US resident... as my parents are visiting me for their vacation. My one of the friends mentioned that this can be a case to consider. He mentioned that if your parents file the forms in their home country, they may not come to meet us in future even if they have a valid travel visa while their immigration forms in process until they get their migration visa approval... Anyways Thank you for the information. I will definitely keep in mind that we will not break any US laws...

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