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What's wrong at mumbai consulate? denied Visa-B2 couple times, should i file for GC
1 of my parent has been denied Visitors visa couple of time. Since I am a citizen, should I apply for their GC? As there is no other option left. They do not want to be GC holders, but if that is the only way they can "visit" US? I don't understand why VO refused visitors visa, and now even though they don't want to immigrate , they are forced to immigrate?! Isn't that a bit odd?
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yes, with parents of US citizens , there is an automatic assumption by US officers of an immigrant intent.
The reason is there is no wait for immigrant visas for parents of USCs and they can easily adjust status to GC
via child's sponsorship, when on a visitor status in US.
Though by common sense , such an assumption is fallacious. As many such parents, like yours do not really wish to immigrate.
But that is how the law is.
Yes, go ahead and apply for her immigrant visa.
The only problem here is she will have to maintain her GC by spending better part of each year in the US. -
so u r saying tht they can change status from visitors? but if they dont ve visitors visa , what's the other route.?Comment
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The other route is by getting an immigrant visa at US embassy/consulate in India.
US citizen child first has to file an I-130 petition with USCIS ( Immigrant petition for parent) in US.
*If your parent is already in US on visitor status , you can concurrently file an AOS( I-485) with the I-130.
When both are approved in a few months, your parent gets a green card.
*If your parent is outside US, I-130 approved at USCIS then goes to US consulate of your parent's residence.
The parent goes through medical/ interview etc. and gets the immigrant visa.Comment
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