# Green Card Through Immediate Family



## twostep (Apr 3, 2008)

The short scenario:
elderly parents of US citizen, fairly well off financially, healthwise, frequent vacations in the US, no language/culture barriers
enough binding ties in form of owner occupied real estate, long term investments, family for B1 for one parent

Is there a legal route to go from B1 to Green Card while residing in the US or is it mandatory to apply while residing in Europe? If so - what are the details please. Thank you.


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## Davis1 (Feb 20, 2009)

twostep said:


> The short scenario:
> elderly parents of US citizen, fairly well off financially, healthwise, frequent vacations in the US, no language/culture barriers
> enough binding ties in form of owner occupied real estate, long term investments, family for B1 for one parent
> 
> Is there a legal route to go from B1 to Green Card while residing in the US or is it mandatory to apply while residing in Europe? If so - what are the details please. Thank you.


You can file whenever you wish ... they will be expected to have the interview in the home country 
You will be the one with the Affiidavit of support to worry about ... 
they are unlikely to be able to get health insurance and cannot get medicare for 5 years


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## Fatbrit (May 8, 2008)

twostep said:


> The short scenario:
> elderly parents of US citizen, fairly well off financially, healthwise, frequent vacations in the US, no language/culture barriers
> enough binding ties in form of owner occupied real estate, long term investments, family for B1 for one parent
> 
> Is there a legal route to go from B1 to Green Card while residing in the US or is it mandatory to apply while residing in Europe? If so - what are the details please. Thank you.


Yep....but it's complicated. The important thing if they wanted to adjust status is that they had no intent to remain when they initially entered in B status. Another disadvantage is that they are effectively landlocked here until they receive advance parole -- if they leave in the meantime, the petition dies.


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## twostep (Apr 3, 2008)

Fatbrit said:


> Yep....but it's complicated. The important thing if they wanted to adjust status is that they had no intent to remain when they initially entered in B status. Another disadvantage is that they are effectively landlocked here until they receive advance parole -- if they leave in the meantime, the petition dies.


Please give me details. We are dealing with a 50+ year spouse getting from emotionally to physically abusive while maintaining perfect standing with medical professionals. Once things get ito motion - there is no way back - emotionally, financially, legally.


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## Fatbrit (May 8, 2008)

twostep said:


> Please give me details. We are dealing with a 50+ year spouse getting from emotionally to physically abusive while maintaining perfect standing with medical professionals. Once things get ito motion - there is no way back - emotionally, financially, legally.


Applying to adjust status in country is common enough. If USCIS believe that they had the intent to remain when they entered in B2 status, they may play up. And when USCIS plays up, it can get nasty. At least in B status, they have the right of appeal. (On a VWP entry--where you can also apply to adjust status for an immediate family member--there is no such right.)

Anyway if they're doing it, file I-130, I-485 and the other junk forms all together in one packet. They should file before their I-94 expires. Note that it's one price for everything so they can file for advance parole and an EAD, too at the same price. If there are no snags, they could be PRs within 6 months


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## USC (Jun 13, 2010)

twostep said:


> Please give me details. We are dealing with a 50+ year spouse getting from emotionally to physically abusive while maintaining perfect standing with medical professionals. Once things get ito motion - there is no way back - emotionally, financially, legally.


You should have no problems and should go ahead file here as it is always better to file in the US. For IR petitions there isn't always an interview (will have to get their biometrics done if under 79) and the parent likely will receive their GC in the mail. That could be in as little as 60 days.

The doctrine of pre-conceived intent DOES NOT apply to Immediate Relative petitions. Please refer to the two links below.

Immediate relative adjustment of status

From the above link:

"As a practical matter, "preconceived intent" is never a factor in immediate relative adjustment of status applications."

Linked below is the actual USCIS memo:

http://www.tomesparza.com/wp-content/uploads/2009/01/uscismemopreconcievedintent.pdf

Just read the second last paragraph of the first page.

Where pre-conceived intent is an issue it is overcome by waiting 30 days or 60 days (if the person is extra cautious) from the date of entry of the visitor. You could do the same but is really not necessary.

When you file make sure you file I-130, I-485, I-131 at the same time. The medical will also be filed simultaneously

Good luck.


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## Fatbrit (May 8, 2008)

USC said:


> You should have no problems and should go ahead file here as it is always better to file in the US. For IR petitions there isn't always an interview (will have to get their biometrics done if under 79) and the parent likely will receive their GC in the mail. That could be in as little as 60 days.
> 
> The doctrine of pre-conceived intent DOES NOT apply to Immediate Relative petitions. Please refer to the two links below.
> 
> ...


In this case, we're discussing a B2 entry. Were it a VWP one, you don't even get your day in immigration court should USCIS elect not to give it to you. And why would they make life difficult for themselves?


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## USC (Jun 13, 2010)

Fatbrit said:


> In this case, we're discussing a B2 entry. Were it a VWP one, you don't even get your day in immigration court should USCIS elect not to give it to you. And why would they make life difficult for themselves?


Good point. VWP applicants should remember the "no contest clause." See links below.

Also, the OP, to guard against an incompetent/bigoted adjudicator might want to anyway follow the 30/60 day, if time is not too much of an issue. Also see links below.

http://www.peerallylaw.com/en/index2.php?option=com_content&do_pdf=1&id=562

30-60 DAY AOS (ADJUSTMENT OF STATUS) RULE OF ?PRECONCEIVED INTENT? - Avvo.com


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## twostep (Apr 3, 2008)

Fatbrit said:


> In this case, we're discussing a B2 entry. Were it a VWP one, you don't even get your day in immigration court should USCIS elect not to give it to you. And why would they make life difficult for themselves?[/QU
> 
> OK Great Cuddly! May I have a translation. IOU.


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## Fatbrit (May 8, 2008)

twostep said:


> Fatbrit said:
> 
> 
> > In this case, we're discussing a B2 entry. Were it a VWP one, you don't even get your day in immigration court should USCIS elect not to give it to you. And why would they make life difficult for themselves?[/QU
> ...


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