Applying for GC for parents
Jul 19th 2003, 3:36 pm
#1
Guest
Posts: n/a
Applying for GC for parents
I just became a citizen and I want to apply for my parents' GC.
They are currently visiting me here in US on visitor visa.
Here are my questions:
1) Is it better to apply while they are here or when they
return to their home country?
2) If I do apply for them when they have left US and are
in their home country, do I jeopardize their re-entry into
US (on visitor visa)?
Thanks in advance!!
-Edud
They are currently visiting me here in US on visitor visa.
Here are my questions:
1) Is it better to apply while they are here or when they
return to their home country?
2) If I do apply for them when they have left US and are
in their home country, do I jeopardize their re-entry into
US (on visitor visa)?
Thanks in advance!!
-Edud
Jul 21st 2003, 8:27 pm
#2
Guest
Posts: n/a
Re: Applying for GC for parents
"Edud Tsop" wrote in message
news:[email protected]...
> I just became a citizen and I want to apply for my parents' GC.
> They are currently visiting me here in US on visitor visa.
> Here are my questions:
> 1) Is it better to apply while they are here or when they
> return to their home country?
If more than 60 days have passed since they entered the U.S. in B-2 status,
it is probably better for you and each of your parents to file a package
consisting of Forms I-130/I-485/I-765 (if employment authorization is
desired)/ I-131 with the BCIS district office for your residence.
Your parents are not supposed to have intended to file for permanent
resident status at the time they entered the U.S. in B-2 status. However,
they can reasonably change their minds. For BCIS, 60 days is a reasonable
amount of time for the mind to be changed, and it generally will not accuse
a person of preconceived immigrant intent if that amount of time has passed.
If you do it this way -- it's called "adjustment of status" -- do *not* file
the I-130 or anything else with the BCIS Service Center, as indicated on
some forms!!
As soon as the I-131 has been approved, they may leave the U.S. and spend
time in othere countries if they wish. Here's a list of usual processing
times: http://www.shusterman.com/aos.html. The processing time for the
I-131 is generally under 30 days, but in some districts it is quite long,
over 4 months. You need to know the processing time for your district, and
the importance to your parents of being free to travel to other countries,
and the relative total processing time, before deciding on adjustment over
consular processing.
> 2) If I do apply for them when they have left US and are
> in their home country, do I jeopardize their re-entry into
> US (on visitor visa)?
Yes. They probably will not be able to enter the U.S. until they immigrate.
The whole permanent resident process must be completed -- one to three
years, depending on various factors.
That method is called "consular immigrant visa processing." It starts with
you filing Form I-130, one for each parent, with the BCIS Service Center.
The I-130 filed by itself at a BCIS Service Center has a processing time of
over 2 years at the Texas Service Center, over one year at the Nebraska
Service Center, over 10 months at the Vermont Service Center, and over seven
months at the California Service Center. See
http://www.shusterman.com/toc-sc.html. You would have to add six months or
more to that figure, to complete the processing for this method.
news:[email protected]...
> I just became a citizen and I want to apply for my parents' GC.
> They are currently visiting me here in US on visitor visa.
> Here are my questions:
> 1) Is it better to apply while they are here or when they
> return to their home country?
If more than 60 days have passed since they entered the U.S. in B-2 status,
it is probably better for you and each of your parents to file a package
consisting of Forms I-130/I-485/I-765 (if employment authorization is
desired)/ I-131 with the BCIS district office for your residence.
Your parents are not supposed to have intended to file for permanent
resident status at the time they entered the U.S. in B-2 status. However,
they can reasonably change their minds. For BCIS, 60 days is a reasonable
amount of time for the mind to be changed, and it generally will not accuse
a person of preconceived immigrant intent if that amount of time has passed.
If you do it this way -- it's called "adjustment of status" -- do *not* file
the I-130 or anything else with the BCIS Service Center, as indicated on
some forms!!
As soon as the I-131 has been approved, they may leave the U.S. and spend
time in othere countries if they wish. Here's a list of usual processing
times: http://www.shusterman.com/aos.html. The processing time for the
I-131 is generally under 30 days, but in some districts it is quite long,
over 4 months. You need to know the processing time for your district, and
the importance to your parents of being free to travel to other countries,
and the relative total processing time, before deciding on adjustment over
consular processing.
> 2) If I do apply for them when they have left US and are
> in their home country, do I jeopardize their re-entry into
> US (on visitor visa)?
Yes. They probably will not be able to enter the U.S. until they immigrate.
The whole permanent resident process must be completed -- one to three
years, depending on various factors.
That method is called "consular immigrant visa processing." It starts with
you filing Form I-130, one for each parent, with the BCIS Service Center.
The I-130 filed by itself at a BCIS Service Center has a processing time of
over 2 years at the Texas Service Center, over one year at the Nebraska
Service Center, over 10 months at the Vermont Service Center, and over seven
months at the California Service Center. See
http://www.shusterman.com/toc-sc.html. You would have to add six months or
more to that figure, to complete the processing for this method.
