INS Officer issue

[jcgomar]

What is the name of your state? UT

Hi to all, I just want to get advise with this problem I had this morning in the INS office.

I decided to bring my parents to the US, and as a US Citizen I planned to file a petition for both of them, and because they have visitor visa I told them to come in to the US with that visa and file the I-130's here. At the same time, I saw on the Internet in the INS website which says that in case of entering legal to the US (visitor visa) they can file the I-485 (Adjustment of status) at the same time.

So I went to the INS office just to confirm from an officer that teory and the guy told me first that I need to file just the I-130 and then when approved the I-485. Then I told him about what the Internet says and he said, "give me a minute, let me double check". So another officer approached the window and said:

"Why are your parents trying to immigrate to the US?", so I responded "because we want to", then she said "for how long have they been here?", I responded 2 weeks. Then she started to say "I don't beleve you sir, I think you are trying to cheat INS officers and be carefull, I think you are not saying the truth and that you and your parents did not decided in those two weeks that you wanted them to stay here and that can bring you problems on filling for them".

So I just said "Well they have been here for two weeks but their visas where renewed around 4 years ago and always had a visa, that's why I was born in the US". So she decided to just give me a packet of a bunch of applications and said "Fill this out and follow the instructions, but I doubt it will be approved".

Please, if there's anybody who knows about this kind of situation, respond to me if I'm doing something ilegal, or if I don't have the privilege to file for them.

I will appresiate any comments or suggestions.

Regards,

 

[evcalyptos]

What is the name of your state? UT

Hi to all, I just want to get advise with this problem I had this morning in the INS office.

I decided to bring my parents to the US, and as a US Citizen I planned to file a petition for both of them, and because they have visitor visa I told them to come in to the US with that visa and file the I-130's here. At the same time, I saw on the Internet in the INS website which says that in case of entering legal to the US (visitor visa) they can file the I-485 (Adjustment of status) at the same time.

So I went to the INS office just to confirm from an officer that teory and the guy told me first that I need to file just the I-130 and then when approved the I-485. Then I told him about what the Internet says and he said, "give me a minute, let me double check". So another officer approached the window and said:

"Why are your parents trying to immigrate to the US?", so I responded "because we want to", then she said "for how long have they been here?", I responded 2 weeks. Then she started to say "I don't beleve you sir, I think you are trying to cheat INS officers and be carefull, I think you are not saying the truth and that you and your parents did not decided in those two weeks that you wanted them to stay here and that can bring you problems on filling for them".

So I just said "Well they have been here for two weeks but their visas where renewed around 4 years ago and always had a visa, that's why I was born in the US". So she decided to just give me a packet of a bunch of applications and said "Fill this out and follow the instructions, but I doubt it will be approved".

Please, if there's anybody who knows about this kind of situation, respond to me if I'm doing something ilegal, or if I don't have the privilege to file for them.

I will appresiate any comments or suggestions.

Regards,

It is illegal for your parents to enter the US as visitors with the intention of remaining and adjusting status (immigrating with a visitor visa).

Consider yourself lucky: USCIS officers rarely give you correct information. This one did.

 

[xxGarXX]

If they would of told the CBP Officer at the port of entry of what they were planing on doing they would of denied them entry. This is the section of law. 212(a)(7)(A)(i)(I)

 

[Sorel]

It seems like a legitimate possibility, though, that someone could make the decision while here that they wanted to stay without having had that intention of staying at the time they entered on a visitor visa, which theoretically would make their actions not illegal...in that case it seems the issue would be about what their intentions were, which would be difficult to prove either way. I am not a lawyer this is just my personal take on the situation. Probably getting a lawyer's advice would be advisable, since this is a grey area.

 

[Sorel]

By the way, just an afterthought, of course you have the right to file for them, you are a US citizen.

Regards.

 

[AHA]

They might have a bigger chance of approval if they can prove that they intended to return home after the US visit, such as jobs, house mortgage, bills, commitments etc etc. Not many adults can go on vacation and just decide to never return home, normally they have to many lose ends and business to wrap up before leaving their country.