QUESTION
What is the fastest way of applying for an I-130?
Asked on Oct 22nd, 2013 on Immigration - Missouri
More details to this question:
I became a citizen through naturalization, and I wish to get my parents green card so they can move to the US. They currently have tourist visa valid for 10 years. Should I apply for I-130 while they are in the US , or while they are in Turkey. I assume one way should be faster.
9 ANSWERS
If they are already in the US on a tourist visa, you may file a concurrent I-130/I-485 application to adjust status to permanent resident for each of them. You must be aware of immigrant intent issues if they entered on a B2 visa, and strongly advise to consult an immigration lawyer prior to filing their case. If they are in Turkey, although a longer process, you should begin consular processing their immigrant visa at the US Consulate in Ankara or Istanbul. It would be misrepresentation if they entered the U.S. on a visitors visa with the intent of filing a permanent residence (green card) application.
Answered on Oct 24th, 2013 at 5:57 AM
You just file the I-130 for each of the parents. If they are already in the US visiting, you cannot do so until they have been here for at least 3 months so that it does not look like they had immigrant intent at the time they entered the US as visitors.
Answered on Oct 23rd, 2013 at 2:33 PM
I would apply for them to get their green card while they are here in the US.
Answered on Oct 23rd, 2013 at 1:16 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
It is faster if they apply when they are in the U.S. but they will need to remain until their travel documents are approved. When they come as tourists though they must intend to return to their home country. Applying in the U.S. can only happen if this was not their original intent.
Answered on Oct 22nd, 2013 at 4:57 PM
The good news is that your parents qualify as immediate relatives under immigration law, which means immigrant visas are always available for them. This assumes you're at least 21 year old. In that case, it's fastest to complete the process in the United States, so long as they were lawfully admitted. It might not be a bad idea to talk to an immigration attorney, though, because there may be some issues of intent and you should get a good idea of what the process will look like for you and your parents. Many immigration attorneys offer a free consultation, and you'll have a better grasp on what is involved in this process.
Answered on Oct 22nd, 2013 at 4:57 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
If your parents are physically in the U.S., the quickest way for them to attain lawful permanent resident status is to apply for adjustment of status. The application is filed on form I-485 and it can be filed concurrently with your I-130 petitions.
Answered on Oct 22nd, 2013 at 4:10 PM
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
Update Your Profile
Yes. You should be applying for their green cards during their stay in the US. The process is much more complicated if they are outside the US.
Answered on Oct 22nd, 2013 at 4:07 PM
Not necessarily. The best way is to petition on I-130 for them and wait till it is approved. Then, if your parents are here, adjust them here, if they are in Turkey, adjust them through consulate. 10 years visa is a permit to enter. However, duration of entry is different, and normally on a tourist visa not more than 6 months. Start from I-130. And make sure your parents do not overstay their visas.
Answered on Oct 22nd, 2013 at 4:01 PM
No difference, but once the I-130 is filed, they will have a hard time obtaining a new b-2 visa.
Answered on Oct 22nd, 2013 at 4:00 PM