QUESTION
If my parents have visitor visa once they enter the US do I have to file both the I-130 and I-485?
Asked on Apr 09th, 2014 on Immigration - Georgia
6 ANSWERS
Adebola O. Asekun
If you are a US citizen, you may concurrently file Form I-130 and I-485 for your parents if they are physically in United States after lawful admission as non immigrants But note that in filing for permanent residency after their arrival in the US when they obtained temporary visas to come to the US, this might raise the issue of their actual intent when they applied for tourist visas only to them file for green card after their admission as tourists.
Answered on Apr 14th, 2014 at 5:35 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You have to file both the I-130 and I-485 if your parents want to apply for permanent residency while remaining in the US. However, the forms should not be filed any sooner than 60 days after their arrival in the US or immigration may accuse them of committing visa fraud because they allegedly had a preconceived intent of remaining in the US permanently when they arrived.
Answered on Apr 10th, 2014 at 6:47 AM
You cannot just petition for them and for them to apply as soon as they enter the US as visitors. That is considered misrepresentation of intent and they will most likely be denied. You have to consult with an immigration attorney to discuss the specifics and come up for a strategy and timing for the filing.
Answered on Apr 09th, 2014 at 8:04 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You should file both the I-130 and I-485 at the same time. But wait a couple of months after their last entry. Filing too early can sometimes look like visa fraud. In other words, you are not suppose to use your tourist visa to come to the US and stay. You should always consult with an experienced immigration lawyer first.
Answered on Apr 09th, 2014 at 2:21 PM
You should file both, but wait 2 months or more after entry.
Answered on Apr 09th, 2014 at 2:20 PM
Although not clear from the question, I presume that you are a U.S. citizen who wishes to petition for your parents to adjust status to become U.S. permanent residents (to get "Green Cards"). If that is accurate, then you would need to file both Petitions for Relative Aliens (Form I-130) and Applications for Adjustment of Status (Form I-485). Along with those forms multiple other forms, such as Biographic Information forms, Affidavit of Support forms, Applications for Advance Parole and Applications for Employment Authorization Documents, will need to be filed, along with all necessary supporting documents. If your parents entered the U.S. recently with visitor visas (B1/B2 visas), then it will be wise to discuss with an immigration lawyer the timing of the new applications: visitor visas only may be used by people genuinely intending to enter the U.S. temporarily and then return abroad, and sometimes the filing of Adjustment of Status applications to authorize permanent residence here can give rise to a presumption of visa fraud in using the visitor visa. The immigration application process can be complex, and errors and failures to fully provide documentation can cause delays or even more harsh consequences. Even when a case is properly prepared and fully documented problems can be encountered due to errors by the USCIS. All of these are reasons why it would be wise to work with an immigration attorney in this type of case.
Answered on Apr 09th, 2014 at 2:19 PM