Can I apply for i130 for my mother & father while they are in US as a visitor? 12 Answers as of October 04, 2012

My parents are planning to come to USA in the next four months. I am thinking of applying for i130 + i485 so they can live with us here. They have a five-year valid multiple visit Visa.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes you can. Make sure you get it right the 1st time. Otherwise it could take too long unnecessarily.
Answer Applies to: California
Replied: 10/4/2012
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes, it is possible but the timing of the applications have to be strategized somewhat.
Answer Applies to: California
Replied: 10/1/2012
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
The issue will be immigrant intent. Your parents cannot use a non-immigrant visa to enter the United States with the intent to immigrate. A non-immigrant visa such as a visitor visa is to be used for the purpose of visiting. If it is determined that your parents entered with a preconceived intent to immigrate, it can have serious repercussions on the actual permanent resident case as well as future immigration and travel to the U.S.
Answer Applies to: New York
Replied: 9/28/2012
Coane and Associates
Coane and Associates | Bruce Coane
Yes, you can apply. There is always the chance that CIS will say they entered by fraud, if they knew they'd be applying in advance. Of course, if it's all your idea, and they didn't know, then it's not their fault. I rarely see this as an issue, but I have seen it in years past.
Answer Applies to: Texas
Replied: 9/28/2012
Abigail Law Firm, PLLC | Meghan Abigail
You can apply for an I-130 for them whenever you want, but be careful because if they enter on their visitor visa with the intention of staying here, that is considered visa fraud and they might need a waiver for that. On the other hand, if they file an I-130 while outside the country, they might not be permitted to enter on the visitor visa.
Answer Applies to: Texas
Replied: 9/26/2012
    Katherine Mulvany-Chance, Esq.
    Katherine Mulvany-Chance, Esq. | Katherine Mulvany-Chance
    Yes. Just make sure they have never overstayed their visa before.
    Answer Applies to: California
    Replied: 9/26/2012
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    You will need to be aware of issues related to intent at time of entry and potential issues with charges of visa fraud related to using a non-immigrant visa with immigrant intent. That said, if they do decide to remain it is possible to file the I-130's for them while they are here visiting. There will be multiple timing issues to consider if you do so, including how long it will take for travel documents to be issued so that they can return to their home country.
    Answer Applies to: Washington
    Replied: 9/26/2012
    Law Office of Eric Fisher | Eric Fisher
    If you are a US citizen and over the age of 21, you can file I-130 petitions for your parents. If they are in the US at the time, they should be able to file I-485 adjustment applications at the sane time. However, when they enter the US with their visas, they must not have the intent to stay in the US.
    Answer Applies to: Colorado
    Replied: 9/26/2012
    The Law Office Kevin L. Dixler
    The Law Office Kevin L. Dixler | Kevin Lawrence Dixler
    Yes, but it is unclear whether they will qualify for admission. There are other forms that you may want to file, as well. A foreigner who has immigrant intent can be denied B2 visitor visa entry into the United States at the airport as a result. I strongly recommend that you do not discuss your plans with your parents until they return to the United States. You should also review your plans with a competent and experienced immigration attorney before you file for your parents. In some situations, it is best that they keep their visitor visa and use that for future visits.
    Answer Applies to: Illinois
    Replied: 9/26/2012
    Montefalcon Law Offices
    Montefalcon Law Offices | Alberto G. Montefalcon, Jr.
    Yes you may. However, you may not want to do it within 60 from their arrival as it may be construed as the real intent for their entry, therefore violating the terms of their Visitors Visa, which could cause the denial of their Adjustment of Status and subsequent removal. All the best to you and your family.
    Answer Applies to: California
    Replied: 9/26/2012
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    Yes you can apply for the I-130 and I-485 at the same time. Just make sure that they don't depart the US until they receive the green card.
    Answer Applies to: California
    Replied: 9/26/2012
    Law Office of Bijal Jani | Bijal Jani
    Although you may file your I-130 petition while they are visiting, it should be understood that the petition processing time will take longer than the temporary visitor visa time period. They definitely should not overstay their temporary visa. The proper way of handling this is having them return to their home country while the papers get processed, and then await their approval.
    Answer Applies to: New York
    Replied: 9/26/2012
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