jmood

Yes, you are right, except that I can't/won't use "any" means possible. It has to be within legitimate/lawful means.

jmood

I am reading the I-485 instructions sheet.

So do I understand correctly that once the I485 is submitted, unless you have an AP (which has to be granted), or unless you have asylum or refugee status, or you meet the registry requirement (permanance of residence in USA since 1972), if you travel outside the USA your application will be considered abandoned.

So I am confused. If we do apply concurrently for my dad while he is here under B1/B2 what happens to his tourist status here? Does it become invalid? What if his PR application doesn't get approved within the 6 months he technically/lawfully has to spend in the US as a tourist?

I am also reading this:
http://www.uscis.gov/sites/default/f...urces/A1en.pdf

It says I can apply for the !-130 and once it is approved IF my relative is legally in the US, they can apply to "adjust status" to PR. So does this mean that if I file only I-130 (and don't file the I435 concurrently), my dad can freely continue to use his B1/B2 visa and continue to travel in and out of the US without jeopardizing the immigration application?

ian-mstm

Correct. This also means he likely won't be allowed to re-enter even if he has a valid B-1/2 visa, since at that point in time he will have clearly indicated his intent to immigrate - and he can't have immigrant intent when entering without the proper visa.


Once the I-485 is filed, he is allowed to remain in the US under "color of law". He is allowed to stay pending a decision on his adjustment. If the adjustment is approved, he gets a green card. If the adjustment is denied, he can appeal the decision. If the appeal is successful, he gets a green card. If the appeal is denied, he gets sent home. Nothing actually happens to his B-1/2 visa - but it becomes pretty much useless during the time the adjustment is pending.


See above.

Ian

Noorah101

I can't really say about the risk, except that with the Immigrant Visa, there's less risk, because he's using the correct visa for his intent (to immigrate to the USA). As long as he qualifies for the immigrant visa, it will be granted. With AOS, there's always a slight chance that USCIS could deny the AOS if they think he had intent to immigrate when he came to the USA as a visitor. What are the chances of that happening? I have no idea.

You mean the processing time from filing paperwork to approval? For Immigrant Visa, about 8 - 10 months. For AOS, about 6 months. But of course they are two completely different processes, with different agencies involved.

Rene

jmood

I am also reading this:
http://www.uscis.gov/sites/default/f...urces/A1en.pdf

It says I can apply for the I-130 and once it is approved IF my relative is legally in the US, they can apply to "adjust status" to PR. So does this mean that if I file only I-130 (and don't file the I435 concurrently), my dad can freely continue to use his B1/B2 visa and continue to travel in and out of the US without jeopardizing the immigration application?

Noorah101

Correct. That is what I mentioned previously.

He sort of changes from becoming just a tourist, to a tourist whose AOS is pending.

No. He remains in tourist status until his AOS is approved.

That's OK. Once the AOS is submitted, he is allowed to stay in the USA until a decision is made on the AOS.

Along with the AOS application, you can submit form I-131 for Advance Parole, which will allow him to travel outside the USA and return without abandoning the AOS case. If he leaves the USA after filing AOS, but before he has AP in hand, he will abandon the AOS process, and then can only return as a visitor to the USA again, or if he wants to immigrate, then he needs to do an Immigrant Visa process.

Yes. If you file ONLY an I-130, and never do anything else, it will follow the path of an Immigrant Visa. Your dad is allowed to visit the USA while an Immigrant Visa process is going on. If he happens to be in the USA when the I-130 gets approved, you can switch gears and do an AOS instead. If he's outside the USA when the I-130 gets approved, just continue on with the Immigrant Visa process (because by then he will have immigrant intent, and should not enter the USA as a tourist with the plan to file AOS here after his arrival).

I guess I'm still confused about your (or his) intent as well. You are saying that FOR SURE he will ONLY be coming as a visitor from January to March 2014. So you know his intent is to be a visitor, so no AOS will be filed, unless he happens to change his mind once he's in the USA. But again, since you're asking about AOS, it makes me think you have the idea to DO AOS at some point after he entered as a tourist. Otherwise you wouldn't be asking.

And, it also seems clear that your (or his) intent is to eventually immigrate to the USA. In which case, just do an Immigrant Visa. That way he has the correct visa for his intent.

Rene

Noorah101

I'm not a lawyer, but let me just state my opinion on something that might be happening here. Perhaps you are thinking to yourself "OK, my dad is coming for a visit. If I don't become a USC while he's here, then he'll leave after a few months because there's nothing I can do for him immigration-wise. But if I become a USC while he's here, I plan for him to file AOS."

Is that how your train of thought is going?

If so, and again I am not a lawyer and could be way off base....but that (to me) is still entering with an intent to stay and become a US PR. There wouldn't be a sudden "change of mind" after his arrival...it would depend on whether you're becoming a USC while he's here or not...and if you do, you already know ahead of time you want to file AOS. Correct?

And again, perhaps this is YOUR intent (filing AOS), but he may not know anything about what you have in mind for him, and so HE would be innocent at the POE saying he's just visiting, because he doesn't know you have other plans once he's inside the USA. But I'm not 100% sure that's kosher, either.

If I were you, I'd just file an I-130 when you become a USC and let it process through to an Immigrant Visa, and then have him move permanently to the USA. In the meantime, he can still visit as a tourist.

Rene

jmood

No, not exactly. I'm hoping I will become a USC before my dad arrives end Jan. Now, I'm trying to figure out the best way for him to obtain PR status.

Sorry, I can't do multiquote , so I'm going to post another message.

jmood

I think I understand what you're saying but it's quite confusing. I admit I haven't fully wrapped my mind around it. So my foremost intent (and concern) is for he and I not to break any regulations or laws. But I also want him to become a PR in the fastest and easiest way possible because of the reasons Ian was saying in his IIRC post.

So, yes, I (he) do intend to file AOS for him when he is here IF it is feasible/lawful to do so, but he is NOT coming here to file the AOS. He would be coming here regardless of the AOS or the I-130. He would come here anyway because he HAS to spend time with me because I am looking after him when my cousin in his home country is not. So he would be coming even if I was not eligible to file for him. So given these circumstances, I think it is 100% correct to say that the PRIMARY reason for his arrival here is NOT to file the AOS. So from there, could we extrapolate to say that the "intention" is not that either? I guess it depends on what the definition of "intention" is for this purpose. (Thinking of Bill Clinton right now )

Noorah101

In my opinion, that would be for you to file the I-130 when you become a USC, and then do an immigrant visa process for him. His ultimate intent is to immigrate, right? So an Immigrant Visa is the way to go.

This makes no sense. In one sentence you're saying two opposite things...yes, we intend to file AOS while he's here, but no, he's not coming here to file AOS.

It doesn't matter if filing AOS is the primary, secondary, or third or fourth reason for his trip to the USA. If the intent is to file AOS at all on this trip, he shouldn't do it. Yes, I understand he's going to be visiting regardless of your status or whether he can or can't file AOS based on that status. But my point is that a visitor is not supposed to have ANY intent to file AOS and remain in the USA AT ALL. If my presumption was correct, that you (or rather, your dad) is thinking "I'll visit and see how things go...and if jmood becomes a USC while I'm there, I'll file AOS and stay", then he has that intent. Again, that's my layman's opinion. You can consult with an attorney who might tell you differently.

You also have stated that your dad will be going home after a few months visiting the USA. Even if he can file AOS, unless he's prepared to stay until he has AP in hand, it might not be wise to even file AOS, if he's going to leave and abandon the process anyway. You'd be wasting all that money.

Rene

Noorah101

It would only be feasible/lawful to do so, if your dad has NO INTENT WHATSOEVER to remain in the USA on this trip and file AOS. The simple fact that you are asking whether it can be done or not shows that you DO have the intent to do it, and you admit so in your paragraph above. So I don't see how his entry to the USA on this trip, since you are thinking of how to file AOS for him while he's here, can be seen as NOT having the intent to file AOS while he's here.

To give you an example: Let's say you are already a USC right now. Your dad comes to visit you in the USA, having no intent to stay. It's not even on either one of your minds at all. A couple of months into his visit, let's say you get some news that his caregiver back home has died and now there's no more family or friends back home to care for dad. Now instead of just visiting and then going back home to his caregiver, the only option is for him to stay with you. So he changes his mind and instead of wanting to go back home, he wants to stay in the USA with you. You can then file AOS because there was no intent when he entered the USA...it wasn't even part of any long term plan or anything...he changed his mind AFTER entering the USA.

Again, the simple fact that you are looking into the option of AOS while your dad is still outside the USA, shows intent already. The thought of filing AOS should not be on anyone's mind when they enter the USA as a visitor.

Rene

Noorah101

Now...after having said all that...is your dad likely to get denied even if he does have intent and does file AOS? Probably not likely...but be prepared just in case it does get denied. Denials, I would say, are rare...but if it happens to you, you have to know the consequences and be OK with them.

Rene

jmood

If i do the other route are the chances of denial non existent (there is no criminal/communist record etc etc).

The consequences you mentioned earlier (not allowed to ever again enter the US) would be dessimating.

jmood

Are consular processing times listed somewhere?

So after I-130 gets approved, it gets sent to the consulate in his home country, and the consulate issues a visa, he travels to the US on that visa. Did I get that right? The uscis site says he becomes a PR once admitted at that stage into the US. Did I get this right?

So in this process, there is only 1 form to file, just the I-130. Is that right?

Noorah101

Nothing regarding immigration is ever a 100% guarantee, but as always, as long as you qualify to sponsor him, and he qualifies for the visa, it will be approved.

Yes indeed. But keep in mind that your dad is entering on a B-2 visa, which allows him to appeal USCIS decision if his AOS gets denied. That will involve the cost of an attorney to help you do the appeal. Maybe the appeal will be approved, maybe not.

Rene