permaudit Posted February 21, 2014 Report Share Posted February 21, 2014 My brother is an US Citizen and he has filed for I-130 for both of my parents. Their I130's are approved. My parents are currently in India and are planning to come to the US next month as they have B1/B2 Visa's approved. Would it be fine if they come to the US and file I485 once in the US? Or Do they have to apply only for Consular processing? Thank you! Link to comment
JoeF Posted February 21, 2014 Report Share Posted February 21, 2014 My brother is an US Citizen and he has filed for I-130 for both of my parents. Their I130's are approved. My parents are currently in India and are planning to come to the US next month as they have B1/B2 Visa's approved. Would it be fine if they come to the US and file I485 once in the US? Or Do they have to apply only for Consular processing? Thank you! It is unlikely they would get admitted on a visitor visa, because the I-130 shows that they have immigration intent. Even if they are admitted (a BIG if), entering on a visitor visa with the intent of filing an I-485 is illegal and is likely to result in denial of the I-485. They would have to go for consular processing, getting an immigrant visa from the consulate. Link to comment
pontevecchio Posted February 21, 2014 Report Share Posted February 21, 2014 What is the reason why the Immigrant Visas are not being obtained by CP? They should get the appointment for the visa interview soon. Why is it necessary to come in tourist status and hope for the best? Link to comment
permaudit Posted February 21, 2014 Author Report Share Posted February 21, 2014 It is unlikely they would get admitted on a visitor visa, because the I-130 shows that they have immigration intent. Even if they are admitted (a BIG if), entering on a visitor visa with the intent of filing an I-485 is illegal and is likely to result in denial of the I-485. They would have to go for consular processing, getting an immigrant visa from the consulate. Thanks Joe. This is exactly what I wanted to know whether its legal or not. We will plan accordingly now. Link to comment
pontevecchio Posted February 21, 2014 Report Share Posted February 21, 2014 They may be let in on the tourist visa with no conditions or with conditions like No COS. They may be sent back by somebody who has woken up on the wrong side of the bed. A few months will make no difference. If you need to ask such questions ask a Lawyer. Link to comment
Belle Posted February 25, 2014 Report Share Posted February 25, 2014 They can (and should) only be allowed to the US if they have non-immigrant intent. Coming on a tourist visa and filing for AOS is a bad sign. You should get a consultation with a lawyer to see if there is anything you need to do to kick off consular processing for their green card. Link to comment
t75 Posted February 26, 2014 Report Share Posted February 26, 2014 They may be let in on the tourist visa with no conditions or with conditions like No COS. They may be sent back by somebody who has woken up on the wrong side of the bed. A few months will make no difference. If you need to ask such questions ask a Lawyer. Having a immigration official determine that they are entering with the intent to AOS is not "waking up on the wrong side of the bed"; it is applying the law consistently. OP's parents need to be closing out their affairs so they can move permanently to the US rather than trying to visit. Link to comment
permaudit Posted February 26, 2014 Author Report Share Posted February 26, 2014 Thanks all for the feedback. The plan of coming to the US on B1/B2 has been dropped. We just got the approval notices today. We will be waiting to hear from NVC and the consulate to start with the CP interview process. Hope we get to know something within 30 days as mentioned in the approval notice. Would greatly appreciate if someone can comment about the interview process and what kind of questions could be expected. Also the supporting documents that we might need. Thank you! Link to comment
JoeF Posted February 26, 2014 Report Share Posted February 26, 2014 They may be let in on the tourist visa with no conditions or with conditions like No COS. They may be sent back by somebody who has woken up on the wrong side of the bed. A few months will make no difference. If you need to ask such questions ask a Lawyer. Sorry, but I consider that bad advice. It is a bad idea to try and gamble, by flying to the US and being likely to get denied entry. Doing CP is doing the right thing. Link to comment
pontevecchio Posted February 26, 2014 Report Share Posted February 26, 2014 Since people have been known to enter on a tourist visa successfully even with a pending Immigration petition the point is moot. To attribute efficiency and the rule of law to the USCIS is an exercise in futility. A wonderful Language specially if its subtlety is appreciated. As the parents of an USC they do not need any specific coaching. Any questions need to be answered to the best of their knowledge. Only grounds of inadmissibility would be criminal which I assume is not in the picture. Unlike most other people entering the Embassy they have the least to worry during the process. Link to comment
JoeF Posted February 26, 2014 Report Share Posted February 26, 2014 Since people have been known to enter on a tourist visa successfully even with a pending Immigration petition the point is moot. To attribute efficiency and the rule of law to the USCIS is an exercise in futility. A wonderful Language specially if its subtlety is appreciated. As the parents of an USC they do not need any specific coaching. Any questions need to be answered to the best of their knowledge. Only grounds of inadmissibility would be criminal which I assume is not in the picture. Unlike most other people entering the Embassy they have the least to worry during the process. It still is a very bad idea to gamble with this. Link to comment
t75 Posted February 26, 2014 Report Share Posted February 26, 2014 Thanks all for the feedback. The plan of coming to the US on B1/B2 has been dropped. We just got the approval notices today. We will be waiting to hear from NVC and the consulate to start with the CP interview process. Hope we get to know something within 30 days as mentioned in the approval notice. Would greatly appreciate if someone can comment about the interview process and what kind of questions could be expected. Also the supporting documents that we might need. Thank you! They should just plan to answer truthfully. Coaching them will make them appear to be trying to hide something as they try to remember the "right" answer. The hard part is over. You need to chill and let them handle it. Link to comment
pontevecchio Posted February 26, 2014 Report Share Posted February 26, 2014 I am not suggesting they come in on a tourist visa. I am just stating facts. If it was my Mom I would not do this. Link to comment
JoeF Posted February 27, 2014 Report Share Posted February 27, 2014 If it was my Mom I would not do this. And that should be the guidance, not some implicit "yeah, no problem"... As a doc, I'm sure you know the Hippocratic Oath. Same kind of stuff here... Link to comment
pontevecchio Posted February 27, 2014 Report Share Posted February 27, 2014 Touche' Or in the parlance of my Home Town, "tu shivaji". I am sure your Indian Colleagues will translate. Good One. Link to comment
pontevecchio Posted February 27, 2014 Report Share Posted February 27, 2014 The Hippocratic oath is not the current oath taken by newly qualified Physician's. Most places follow the "declaration" of Geneva of the WHO. Just a follow up. Link to comment
permaudit Posted February 28, 2014 Author Report Share Posted February 28, 2014 Thanks again everyone.. Such good discussion.. JoeF and pontevecchio appreciate your comments through out the forum.. Link to comment
JoeF Posted February 28, 2014 Report Share Posted February 28, 2014 Touche' Or in the parlance of my Home Town, "tu shivaji". I am sure your Indian Colleagues will translate. Good One. I understand "touche"... Currently no Indian in the company, only ethnic Koreans, Vietnamese, Chinese, Japanese, Lebanese, Germans, Turks, Russians, British, Canadians ;) (most are American citizens or LPRs.) And of course born Americans. I love ethnic diversity :) Link to comment
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