Announcement

Collapse
No announcement yet.

Parents GC questions

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Parents GC questions

    I am a US citizen. I want to file GC for my parents. They are currently visiting from India.

    I want to file i-130 soon. They will be here when i file. We want to complete the process in India via consular processing.

    Question - 1. Can i file for the i130 when they are in the US with a choice of consular processing? Will it affect anything since the petition is filed when they are in the country?
    2. If yes to question 1, Can i submit 485 concurrently with the Consular processing option?
    3. How long does it take for consular processing - from start to finish approx?

    thanks

  • #2
    1. Yes. It's fine
    2. I-485 is to apply for Adjustment of Status. Consular processing does not use it.
    3. From filing of the petition to getting the immigrant visa, around a year.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Sticking to the same thread with a slight variant on OP's question.

      I am also a US citizen. I am currently filing for a B1/B2 visa for my 79year old mother, who is recently widowed. She is planning to visit family in NorCal, a grand kids graduation as well as some friends and family across the states. She earlier visited once about 20 years ago. She has a full life back home and has no interest in a green card.

      1. Which visa? Apply for a B1/B2 visa or just a B2 visa - any advice on this?

      2. Length of intended visit? Basically, I want her to enjoy the summer months through early fall and avoid the winter. Is six months intended length of stay on the application appropriate? Her previous visit, 20 years ago, had been for two months.

      3. In the event circumstances change and her intentions evolve in terms of long term residency in the US, is there a minimum period after her entry into the US that I have to wait before filing to start the green card process for her, with the intent of completing the paperwork and interviews etc. during the course of her intended length of stay? Iirc, at some point in the past, there was a 60 day wait period after which the applications needed to be filed.

      4. Any other obvious pitfalls/heads-up in terms of contingency planning on my part for a green card application on her behalf?

      Thank you.

      Comment


      • #4
        Originally posted by Ariom View Post
        Sticking to the same thread with a slight variant on OP's question.

        I am also a US citizen. I am currently filing for a B1/B2 visa for my 79year old mother, who is recently widowed. She is planning to visit family in NorCal, a grand kids graduation as well as some friends and family across the states. She earlier visited once about 20 years ago. She has a full life back home and has no interest in a green card.

        1. Which visa? Apply for a B1/B2 visa or just a B2 visa - any advice on this?

        2. Length of intended visit? Basically, I want her to enjoy the summer months through early fall and avoid the winter. Is six months intended length of stay on the application appropriate? Her previous visit, 20 years ago, had been for two months.
        I can answer only the first 2 questions using my experience.

        1. B1/B2 are the same visa type, which is a tourist visa, and it is automatic to be a multi-entry visa. The condition will be determined by the immigration when the person enters the country. So when you ask for a visa, simply ask for a tourist visa.
        2. You cannot ask for a certain length of visa. The length of visa is determined by the embassy (or people who authorize the visa). For tourist visa, as far as I know, could be from 3 months up to 10 years. The length of being in the US is determined from the time left of the visa by people at the immigration when the person enters the country. For example, if there are 2-3 months left in the visa, the person may be allowed to stay up to 1 month. If the time left for the visa is more than 1 year, the staying time could be up to 6 months.

        Comment


        • #5
          Originally posted by needAnswer View Post
          The length of being in the US is determined from the time left of the visa by people at the immigration when the person enters the country. For example, if there are 2-3 months left in the visa, the person may be allowed to stay up to 1 month. If the time left for the visa is more than 1 year, the staying time could be up to 6 months.
          The expiration date of the visa has absolutely nothing to do with how long the person is admitted for. The expiration date is simply the last day on which you can use the visa to enter. B2 is usually admitted for 6 months; the immigration officer can admit for a shorter period in unusual cases.

          This is my personal opinion and is not to be construed as legal advice.

          Comment

          Sorry, you are not authorized to view this page

          Home Page

          Immigration Daily

          Archives

          Processing times

          Immigration forms

          Discussion board

          Resources

          Blogs

          Twitter feed

          Immigrant Nation

          Attorney2Attorney

          CLE Workshops

          Immigration books

          Advertise on ILW

          EB-5

          移民日报

          About ILW.COM

          Connect to us

          Questions/Comments

          SUBSCRIBE

          Immigration Daily



          Working...
          X