Applying for green card while on a B-1 or B-2 visa
1) I am a US Citizen. My parents (or spouse/spouse-to-be) are in USA on visitors visa. Can I apply for their green card? How does it all work?
2) My parents' I-130 application is currently pending. They are currently living in their home country, India. Can they visit me during the pendency of the green card application?
3) Is it better to apply for adjustment of status or consular processing for the last step of their green card?
4) Updated FAQ - My parent came to US with B1 visa and they are still here. But the visa were expired several years ago. Now I am a citizen, I wonder if I can still apply for green card for them. Could I apply by myself or need to consult with a lawyer?
A1. There is nothing that stops you from applying for their green card. Note also that the same answer applies to children and spouse of a US citizens. But it does NOT apply to brothers/sisters.
There is just one issue. It is INAPPROPRIATE (may be even illegal) for a person to enter USA on a tourist or other similar visa if they have the intent to apply for a green card. BUT, if they enter USA without that intent, and after a few days of entry change their mind, that is perfectly appropriate and legal.
Dear Rajiv Khanna jee
I am not able to express my happiness when I got your mail. I can just say THANK YOU for the sincere effort and a strong belief that you always had in my case. I also want to share the amount of frustration that I went through after the second refusal of the application. Still in that moment of time you said that you will not give up until we achieve our goal. I want to thank Diane, Sumanjee for their immense support of preparing things with the detailed hard work. Many Many thanks. We will always be together.
Sincerely
Ronu Majumdar