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Filed: Timeline
Posted

Hi,

I'm new to this forum, so please excuse me if I may be asking obvious questions :-)

I am a USC and would like to apply for a green card for both my parents. They recently arrived in the US on a visitor's visa, and have been granted 1 year to stay here (per their I-94, versus the typical 6 months).

A couple of questions:

1. They have a straight forward case, and based on research, it looks like all that needs to be done is filing of I-130 & I-485 (change of status) forms for each of them. Am I allowed to file for their I-485 at the same time as their I-130 while they are here on a visitor's visa? They plan to stay here till they get their GC, so advanced parole shouldn't be required.

2. They don't have birth certificates, but were able to get notarized letters from the Indian High Commission in Lusaka, Zambia (this is where they were living before coming here). The letters are "to whom it may concern letters" an state that, per their passport information, the IHC can confirm that those are their actual birth dates". Would these suffice, or are additional letter affidavits still needed?

3. If additional letters of affidavit are needed (2 for each of them), do these only need to be from a blood relation that is older than them, or can they also be from a friend older than them? Also, is it absolutely necessary that the person signing the letter be older than them? Can the same person write a letter for each of them, or do they need 4 seperate people?

4. Lastly, I am thinking of applying for them on my own, since it looks like a straight forward case. Is there anything I may be missing in this decision?

Your comments and feedback will be greatly appreciated.

ALSO, I THINK THE GUIDES INCLUDED ON THIS WEB SITE ARE INVALUABLE! I HAVEN'T FOUND ONE FOR MY CASE, I.E. APPLYING FOR GREEN CARD FOR MY PARENTS, SO WOULD APPRECIATE ANY INFO ON WHERE I CAN FIND A STEP-BY-STEP GUIDE.

Many thanks!

-YP

Filed: Country: Spain
Timeline
Posted

Not sure. Its allowed if someone enters and gets married. Even though they are immediate relatives, and dont need to wait for a visa number, it coud be problematic, and could be considered fraud.

Check with an immigration attorney.

I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

Filed: K-1 Visa Country: Wales
Timeline
Posted

As long as they told the Officer that was their intent when entering, should not be a problem.

I year on a I-94 is unsusual for a visitor, very unsusual.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Country: Vietnam (no flag)
Timeline
Posted

I picture several scenarios:

1. File I-130 while Parents are in the US (good ending). Your parents did not have the intent to immigrate when they entered the US under the visitor's visas. USCIS agent believes them and they are allowed to immigrate as your immediate relatives.

2. File I-130 while Parents are in the US (bad ending). Your parents did not have the intent to immigrate when they entered the US under the visitor's visas. USCIS agent does not believe them and can decide that your parents committed fraud. That could be barred from being in the US.

3. Your Parents Return Home and You File I-130s. Parents immigrate to US after 1-2 years.

Personally, I would go with Scenario 3. Why roll the dice and be unlucky.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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