Immigration Site

I got my citizenship over 6 months ago. I didn’t file for my parents’ GC at that time ( my parents are in India ) because I had read that the CP route was slower than the AOS route and at that time, my folks were planning to fly over to Canada and USA on their tourist visas, so I figured I’d wait till they got here and then file AOS.

Well, due to unforeseeable circumstances, my parents haven’t been able to make that trip and I am now considering filing for their GC through CP and have them nominate me as their agent. However, there is a strong possibility that they may be required to fly to Canada in the next 6 months ( family issues )

So my questions to you all experts are :

1. What could be the potential issues with them being away from India for a couple of months ?
2. Is it possible to switch from CP to AOS ( assuming that my parents are allowed to enter the States from Canada ) ?

Thanks much
Gurdiya

I got my citizenship over 6 months ago. I didn’t file for my parents’ GC at that time ( my parents are in India ) because I had read that the CP route was slower than the AOS route and at that time, my folks were planning to fly over to Canada and USA on their tourist visas, so I figured I’d wait till they got here and then file AOS.

Well, due to unforeseeable circumstances, my parents haven’t been able to make that trip and I am now considering filing for their GC through CP and have them nominate me as their agent. However, there is a strong possibility that they may be required to fly to Canada in the next 6 months ( family issues )

So my questions to you all experts are :

1. What could be the potential issues with them being away from India for a couple of months ?

They will have to be India for receiving interview letter/packet, doing medicals, paying fees etc. formalities prior to the interview and for the interview itself. Outside of that I dont think there should be any problem.

2. Is it possible to switch from CP to AOS ( assuming that my parents are allowed to enter the States from Canada ) ?

The issue may be at the port of entry. There have been cases where people have entered in US on visitor visa while they have I130 pending. But there is a risk that they may be denied entry. Assuming that they are allowed to enter US, they can switch from CP to AOS. In fact they are eligible for concurrent filing. Hence, when in US they can file for I485 package rightaway without waiting for I130 approval. Please refer to username "Ranchun"s experience in parents sticky thread among others related to this.

Thanks much
Gurdiya

Thanks a ton, visaapplicant.

Gurdiya

I got my citizenship over 6 months ago. I didn’t file for my parents’ GC at that time ( my parents are in India ) because I had read that the CP route was slower than the AOS route and at that time, my folks were planning to fly over to Canada and USA on their tourist visas, so I figured I’d wait till they got here and then file AOS.

Well, due to unforeseeable circumstances, my parents haven’t been able to make that trip and I am now considering filing for their GC through CP and have them nominate me as their agent. However, there is a strong possibility that they may be required to fly to Canada in the next 6 months ( family issues )

So my questions to you all experts are :

1. What could be the potential issues with them being away from India for a couple of months ?
2. Is it possible to switch from CP to AOS ( assuming that my parents are allowed to enter the States from Canada ) ?

Thanks much
Gurdiya This is the way you should have done it anyway. I do not understand why people seem to think that it is perfectly legal to come here on a tourist visa, with intent at that time to immigrate, and then do AOS. YOU ARE NOT SUPPOSED TO ENTER THE US WITH IMMIGRANT INTENT ON A NONIMMIGRANT VISA. This does not apply to people that come with nonimmigrant intent on a tourist visa and then reasonably change their mind later on.

While I know that many get away with it ---- this should not be encouraged. CP is the appropriate process to use for your parents. Anyone advising you otherwise, is IMHO simply advising you to break the law.