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Wilton A. Person
Wilton A. Person, Immigration Lawyer
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Parents in US and going for green card interview

Resolved Question:

I am a US citizen. I was born in China.
My parents came to visit me on Feb 27 this year on tourist visa.

In mid-May, I applied for their green card (sending complete packages to immigration).
May 17 is the date their green card application received by immigration which is also their priority date.

On Jun 16, they did the finger print

On Jun 22, immigration issued a notice to each of my parents for I485 interview on Jul 27.

1.     I thought in general parents receive green card directly by mail WITHOUT interview if they are in US already.
2.     Is this a bad sign that they are likely to be rejected? I did wait for more than 60 days to apply for their GC after they came to the US.
3.     What are the tough questions I should be prepared for?
4.          At the end of interview, will they tell us immediately the result (approve or reject I485)?

Thank you!
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Wilton A. Person replied 4 years ago.

1) The I-485 interview is not automatically waived/excused.

2) No, the I-485 interview is standard and is not automatically waived so the fact that they have an interview is not necessarily a bad sign.

3) They could probably expect general questions regarding their application. As for tough questions, they may wish to be prepared for any questions with respect to any preconceived intent to immigrate to the US. Although they waited sixty days before filing their green card applications, this does not necessarily eliminate all questions regarding your parents' intent when they originally entered the US on tourist visas. It is more likely that the USCIS officer just may wish to see your parents in person to verify information on their applications.

4) Yes, it is possible that your parents will be know if their green card application are approved at the interview unless the USCIS Officer determines that he or she needs additional information or requires a second interview.

Customer: replied 4 years ago.

Thanks but what are the typical answers that will satisfy immigration in terms of having intent to immigrate with visitor visa during entry?

Expert:  Wilton A. Person replied 4 years ago.

You are welcome. Truthful answers that evidence that your parents planned to only visit you and your family in the US and during the course of their visit, they decided that wanted to permanently reside in the US.

 

There is a presumption that their green applications were filed in good faith because they was filed after they have been in the US over 60 days so the questioning, if any, may not be that in depth.

Wilton A. Person, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 4146
Experience: Knowledgeable and experienced immigration lawyer.
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