QUESTION

Should I file for Green Card if parents were denied B2 visa a couple of times?

Asked on Mar 15th, 2013 on Immigration - New Jersey
More details to this question:
Since I am a US citizen, should I apply for their Green Card as there is no other option left. They do not want to be Green Card holders, but is that the only way they can "visit" the United States? I don't understand why VO refused visitors visa, and now even though they don't want to immigrate, they are forced to immigrate?! Isn't that a bit odd?
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4 ANSWERS

Yes, you can do the green card application on their behalf. However, this will take about 9-12 months. After that, once they visit, if they do not intend to reside permanently in the US but just use the green card to "visit" there is a good chance that they will lose it after a few visits if they are deemed not to be residing permanently in the US or at least have that intention.
Answered on Mar 15th, 2013 at 1:49 PM

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Lisa Marie Galvan
The reasons why a U.S. consulate will deny someone a visitor visa depends in part on which country they are from. It does not help that you are a U.S. citizen as they will assume that your parents have the intent to live in the U.S. permanently. Since the visitor visa was denied more than once, it is not very likely that it will ever be issued. You do have the option of applying for green cards on their behalf and if at some point in the future, they wish to abandon that status, they can do so. So long as you remain a U.S. citizen, you can always refile for green cards for them at some point in the future.
Answered on Mar 15th, 2013 at 10:34 AM

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Immigration Law Attorney serving New York, NY
Yes it is odd, but the criteria is different. The Consulate was not convinced that they will return home. You can file for their residence.
Answered on Mar 15th, 2013 at 10:34 AM

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Corporate and Business Law Attorney serving Ridgewood, NJ
Partner at NPZ Law Group
3 Awards
There are many nuances to the information you seek and it is a good idea for you to consider enlisting the services of a qualified immigration lawyer or legal counselor. Our office assists with matters of this nature on a regular basis.
Answered on Mar 15th, 2013 at 10:33 AM

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