Concurrent Filing

[srini88]

I apologize if this thread is covered since it's hard to search all posts to find this but I had two questions

1) For concurrent filing it says it can happen if your parent is in the US. My question was my dad visits me often and stays for 6 months and leaves. In that situation if I apply once he arrives in the US but the processing doesn't finish by the time he has to leave, how does that work out? Is it only required that processing start when he arrives and when it's done if it happens he had to go back to India, he can come back to finish it?

2) Would folks recommend AOS vs CP for parents based on processing time, process etc?

TIA

[rayb]

If you are a U.S. citizen, and dad is in the U.S., submit both the I-130 and I-485 at the same time, and don't let dad leave the U.S. until he has his Green Card.

--Ray B

[QUOTE=srini88;468007]I apologize if this thread is covered since it's hard to search all posts to find this but I had two questions

1) For concurrent filing it says it can happen if your parent is in the US. My question was my dad visits me often and stays for 6 months and leaves. In that situation if I apply once he arrives in the US but the processing doesn't finish by the time he has to leave, how does that work out? Is it only required that processing start when he arrives and when it's done if it happens he had to go back to India, he can come back to finish it?

2) Would folks recommend AOS vs CP for parents based on processing time, process etc?

[srini88]

Maybe this is a dumb question but he is only allowed to stay 6 months on visitor visa, so is there a special provision that allows him to stay over that since he is applied for this process? If so what stage should he be in the process that would grant him the extension over 6 months? Just making sure how this all fits into the timeline..

Any opinion on the second part of the question on CP vs doing it this way?

[rayb]

If the parent is n the U.S. with a visitor visa, expiration of the visa does not carry any penalties if you have an Adjustment of Status procedure in motion for the applicant. "Immediate Priority" eligible beneficiaries are exempt from overstay penalties when petitioned by an immediate relative.

You could still apply for an extension of the visitor visa status with form I-539.

Either way, processing while outside of the U.S. or while in the U.S., is okay.

--Ray B

Maybe this is a dumb question but he is only allowed to stay 6 months on visitor visa, so is there a special provision that allows him to stay over that since he is applied for this process? If so what stage should he be in the process that would grant him the extension over 6 months? Just making sure how this all fits into the timeline..

Any opinion on the second part of the question on CP vs doing it this way?

[srini88]

Thanks much appreciated.

[srini88]

But be sure your parent does not or did not use a tourist visa, visa waiver, or some other visa as a way of gaining U.S. entry with the actual goal of adjusting status. That would be a misuse of the visa, and could lead to the green card being denied based on visa fraud.

I guess how does one even prove this? Needless to say my dad did come with a visitor visa and then we decided to apply for concurrent filing. I am seeing posts where it's mixed some say wait 60 days other say immediately, it seems all over the place

[rayb]

This company would be remiss if not warning you of misuse of nonimmigrant visas and other mechanisms to gain Green Card status. But a simple research of DHS rules will convince you that conversion to Green Card status from a nonimmigrant visa, when an immediate relative is peititioned by a U.S. citizen, is fairly normal and acceptable, so long as there is no evidence of intent to circumvent immigration requriements before entering the U.S.

--Ray B