QUESTION

If I file I-130/I-485 for them now, will immigrant officer suspect their entry intent since they just came back from cruise less than 2 months ago?

Asked on Mar 14th, 2015 on Immigration - Georgia
More details to this question:
I am US citizen. My parents entered the US on 10/20/2014 on B2 and I-94 expiration is 4/20. On January 15, 2015, they went to Mexico cruise with new entry date of 1/20/2015, same I-94 expiration date. Now only 1 month left before my parents' I-94 expires. If I do not file now, the I-94 will expire soon. I really appreciate if you can give me some advice.
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3 ANSWERS

You should not have them file for adjustment of status so soon after their entry to the US. They should wait for at least 90 days.
Answered on Mar 20th, 2015 at 6:23 AM

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Corporate and Business Law Attorney serving Ridgewood, NJ
Partner at NPZ Law Group
3 Awards
We presume that you are US citizen. You may be familiar with the issue of preconceived intent. This means that your parents intended to come to the United States on a visitor visa and then sought immigrant visa status. The rules seem to indicate that if you wait more than 60 days before filing the green card applications then there is a diminishment in the preconceived intent. Under the circumstances it would be best for them to wait 60 to 90 days from their entry date before the filing is made for them. Of course, there is no substitute to enlisting the services of a qualified immigration law professional to assist you with regard to this issue.
Answered on Mar 17th, 2015 at 1:58 AM

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Immigration Law Attorney serving Atlanta, GA
3 Awards
Re-entry into the U.S. with a visitor's visa is permissible only for people who enter with non-immigrant intent - i.e. with the intention to stay temporarily and then return abroad. If someone enters the U.S. with a visitor's visa and then promptly files an application to Adjust Status to become a Lawful Permanent Resident, there can become a presumption of visa fraud - that is, a fraudulent representation of non-immigrant intent. That presumption can be rebutted, and generally the presumption is not waived if an application to Adjust Status is filed more than 60 days after an entry. Note that when an adult U.S. citizen petitions for parents in the Immediate Relative visa category, the fact that a foreign national parent may have overstayed his/her visa will not stand in the way of eligibility to adjust status. It would be wise to consult with an immigration attorney who, after learning all of the relevant information, will be able to advise whether it would be appropriate to delay filing an application to Adjust Status, notwithstanding the upcoming expiration of the initial visa. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Mar 17th, 2015 at 1:57 AM

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