Parents adjusting status on b1/b2 visa

By: Shah Peerally Esq.

You can your status if you are on b1/b2 visa (vistor)?
Caller: If I am a US Citizen and I want to apply for my parents GC, so is it easier or possible when the parents are here in US on a visitor visa or something.

That’s a very good question, it is always easier when they are here, not always there are some rules to that, however they have a visitor visa they come here they file they can say that those people kind of committed fraud because they cheated the non dual visa of the visitor visa. But there are ways to deal with this. But the short answer is yes – if they come to visit you right and after 60 or 90 days they say hey we want to stay now, your fine you can just file AOS (Adjustment of Status) they will get there GC (Green Card). However if before they come you have already planned this (filing a GC when they are here), then you might have an issue. It’s all about your intention – if you’ve already plan this then USCIS can claim fraud. Most of the time people are able to do an AOS without any problem. Of course its a lot easier to file from here and then the AOS because as soon as you file it they get a work permit within 90days and it takes like 4 months to get the GC. If you file it abroad it takes around 8 months to a year to get the visa (GC).

B1/B2 visas

Caller: Ok, so if you do it from abroad it takes like a year.

Yes, but just be careful before you file, I highly recommend when people are inside US to have a lawyer file. Let me tell you why – I had a call on the radio 2 months ago where she filed on her own and they denied her for fraud and they asked he for waiver typically they should not because there is a case law which says they cannot for immediate relatives say that you violated what we call the non dual intent situation that we have with a visitor visa, its a little bit technical but I have a very good article about this on my website just type ww.splgpc.com and just look B1/B2 AOS.