If my parents have visitor visa once they enter the US do I have to file both the I-130 and I-485? 9 Answers as of April 14, 2014

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Law Office of Adebola Asekun | 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.
Answer Applies to: New York
Replied: 4/14/2014
Law Offices of Linda Rose Fessler | Linda Fessler
If they visit, they must go home before you file. They cannot just stay here on a tourist visa. If the do they will ruin there chances.
Answer Applies to: California
Replied: 4/10/2014
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
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.
Answer Applies to: California
Replied: 4/9/2014
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
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.
Answer Applies to: Texas
Replied: 4/10/2014
Frazier, Soloway & Poorak, P.C.
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
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.
Answer Applies to: Georgia
Replied: 4/9/2014
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You need to proceed with caution. Your parents should not enter the country with visitor visas if their intent is to seek permanent residence.
    Answer Applies to: New York
    Replied: 4/9/2014
    Rivas-Rivera Law Offices
    Rivas-Rivera Law Offices | Juan Ramon Rivas-Rivera
    If you qualify as an immediate relative and they will stay here in the US for the filing, then you can file those two together. But you should consult an attorney to make sure you do it correctly.
    Answer Applies to: Texas
    Replied: 4/9/2014
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    You should file both, but wait 2 months or more after entry.
    Answer Applies to: Michigan
    Replied: 4/9/2014
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    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.
    Answer Applies to: California
    Replied: 4/9/2014
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