Parents in US on visitor's visa, if USC son files I-130 can they stay beyoond 6 months?

[alwayswin 0]

Hello,

I am about to become a USC in a month or two. Wondering if my parents enter the US on visitor's visa and then I file I-130 for them, can they stay until approved or do they have to go back in 6 months?

[Dakine 26]

Hello,

I am about to become a USC in a month or two. Wondering if my parents enter the US on visitor's visa and then I file I-130 for them, can they stay until approved or do they have to go back in 6 months?

They have to go back before visa expires. They'll end up having their interview at their embassy!

[alwayswin 0]

Hello,

I am about to become a USC in a month or two. Wondering if my parents enter the US on visitor's visa and then I file I-130 for them, can they stay until approved or do they have to go back in 6 months?

They have to go back before visa expires. They'll end up having their interview at their embassy!

My knowledge was that a person can stay after the expiration of visa if an adjustment of status application has been filed........

[Dakine 26]

Hello,

I am about to become a USC in a month or two. Wondering if my parents enter the US on visitor's visa and then I file I-130 for them, can they stay until approved or do they have to go back in 6 months?

They have to go back before visa expires. They'll end up having their interview at their embassy!

My knowledge was that a person can stay after the expiration of visa if an adjustment of status application has been filed........

Give it a shot! File the I 130s and I-485s, I-131s and EADs and see what happens!!!

Would be interesting if you pulled it off!

USCIS would be overrun with applications!

Edited January 23, 2009 by Haole

[Kez/JWolf 6]

Hello,

I am about to become a USC in a month or two. Wondering if my parents enter the US on visitor's visa and then I file I-130 for them, can they stay until approved or do they have to go back in 6 months?

They have to go back before visa expires. They'll end up having their interview at their embassy!

My knowledge was that a person can stay after the expiration of visa if an adjustment of status application has been filed........

Give it a shot! File the I 130s and I-485s, I-131s and EADs and see what happens!!!

Would be interesting if you pulled it off!

USCIS would be overrun with applications!

If your parents enter the USA on a visitor visa with the intent to remain and file for AOS they will be committing Visa fraud and could end up being banned from the USA for life. If they try to do AOS they will need to have extensive proof that they intended to return to their home country after their visit. The will need evidence like Home Rental agreement/Mortgage, letter from Employers stating that they were expected back at work on a given date, evidence of active bank account and other evidence of their intent to return home.

It would be much better for you to file the I-130 for them and for them to return home after their visit and have their interview in their home country.

[Penguin_ie 5,993]

My knowledge was that a person can stay after the expiration of visa if an adjustment of status application has been filed........

I believe that is only for spouses of USCs, not parents or other relatives.

[desert_fox 32]

My knowledge was that a person can stay after the expiration of visa if an adjustment of status application has been filed........

I believe that is only for spouses of USCs, not parents or other relatives.

its available for the immediate relative of a US Citizen. Parents are immediate relatives.

If they are already here and entered without this intent...probably could pull it off.