GC for parents - B1/B2 visa expires soon

[Vin_Nim]

Hello,

My parents B1/B2 visa expires in April 2019, they are currently in India. I am  a naturalized US Citizen and we would like to apply my parents family based green card asap. Could you please help advise between the two options:
A) Fly the parents to USA on their current tourist visa asap, file their green-card. Will overstaying after their visa expiry cause an issue, if green-card is filed?
B) Apply for a B1/b2 extension and fly them to USA and the start their green card  application. 
Ideally would like to go with option A as its less paperwork and less time but would like to know if there is any risks involved?

Thank you!
 

[Provence]

Both options are visa fraud.

You can petition them for a green card under Consular Processing today if you like. It's called an IR5 visa and takes about 12 months to process. They bypass having to apply for another b2. 

[care_candidate]

No matter what, once they overstay on any visa, chances of becoming GC holder becomes excessively slim.

I may be incorrect here, but it does look like their remaining visa is very short (< 6 months?), and if you want to play safe, applying B1/B2 visa and then arrive is better.

[Provence]

10 hours ago, care_candidate said:

No matter what, once they overstay on any visa, chances of becoming GC holder becomes excessively slim.

I may be incorrect here, but it does look like their remaining visa is very short (< 6 months?), and if you want to play safe, applying B1/B2 visa and then arrive is better.

Assuming they arrive after applying for a B1/b2 with intent to adjust status IS visa fraud. 

[newacct]

On 2/7/2019 at 7:43 AM, care_candidate said:

No matter what, once they overstay on any visa, chances of becoming GC holder becomes excessively slim.

 

I may be incorrect here, but it does look like their remaining visa is very short (< 6 months?), and if you want to play safe, applying B1/B2 visa and then arrive is better.

That is incorrect. First of all, US visas are solely for entry, and the visa's expiration date just means the last date you can use the visa to enter; it does not have anything to do with how long you can stay in the US. You can enter on the day that a visitor visa expires, and you would normally be admitted for 6 months. So there is no reason that their stay upon entry on their current visa would be any shorter than their stay upon entry on their new visa.

Second, in any category, one just needs to be in status at the time I-485 is filed; going out of status while I-485 is pending doesn't matter. And furthermore, in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen), which is the case here, one doesn't even have to be in status when filing I-485. One could have overstayed for no matter how many years and can still file I-485 and the overstay would not matter one bit for the AOS in the Immediate Relative category.

But they should not enter on a visitor visa (old or new) with preconceived intention to file AOS during that stay.

[King.nag]

What qualifies as "preconceived intention to file AOS during that stay". My parents are in United States since Nov 2018 on B1/B2 visa and was preparing to apply for green card.

What is the best advice 

1. Apply concurrent I130 and I-485 

2. Apply I-130 and pick consular processing 

 

 

[info4help]

On 2/23/2019 at 9:56 PM, King.nag said:

What qualifies as "preconceived intention to file AOS during that stay". My parents are in United States since Nov 2018 on B1/B2 visa and was preparing to apply for green card.

What is the best advice 

1. Apply concurrent I130 and I-485 

2. Apply I-130 and pick consular processing 

 

 

Could you share what you decided and factors you accounted in decision?