Found an issue on this page? Let us know and we will look into it as soon as possible.
I am filing I-485 concurrently with I-130. In order to file I-131 Advance parole, do I have to submit personal evidences now
Anonymous0 views1 answers
I am on B1/B2 visa. My son is filing I-130 for my permanent residency. In order to avoid the fee later, I want to apply for I-131 now. But, I donot have any evidence why I would like to travel abroad. Can I just turn in my application with request that I will turn in evidences later when need arises.
tuart Jonas ReichImmigration AttorneyNew York, NY ·
I strongly recommend speaking with an attorney before doing anything - there are issues when filing this type of case after entering on a B visitor visa that should be examined by a professional before filing.
There are certain presumptions which apply when you file for a green card within a certain period of time after entering on a visitor visa. When you enter as a visitor, you are representing that you are coming only temporarily to visit, DO NOT intend to stay, and will return to your home abroad at the end of your visit. If you apply for permanent residence too soon after entering, there is a presumption that you committed fraud in entering as a visitor.
On the other hand, if you stay too long after your visa expires (almost any visa), and then leave the U.S. before you would actually get a green card, you would be barred from returning to the U.S. for a certain period of time - three or ten years depending on how long you stayed past your visa expiration. Having a parole document wouldn't solve this problem or permit you back in.
So, there is a bit of a balancing act involved with the timing here - and this doesn't even touch on all the other factors involved in this type of filing (financial support/Affidavits, etc.)
Speak with an attorney first, before filing.