Green Card for Parents - Some Questions

[raj_nj 0]

Hi,

I am in process of filing green card for parents while they are in U.S on visitor visa.

I have filled the forms and have some questions.

I - 485

My father can understand English but not fluent; Should I sign as Interpreter or not?

I -130

Part C - Information about relative - Since they are here should I use U.S address? ( Same as mine)

Quetion 22

If your relative is not eligible for adjustment of status, he or she will apply for a

I -765

16. Go to Part 2 of the Instructions, Eligibility Categories. In the space below,

place the letter and number of the category you selected from the instructions

I -131

Should we select multiple entry?

Can we put tentative travel date?

Should we attache a letter about purpose of trip?

G-325A

It should only for them correct not for us? So one for father and one for mother

If there parents have died and do not know the birthdate; is that okay? Do we need to put country of residance for them? ( i guess heaven)

Address of last 5 years

Should we put U.S address as most recent?

Thanks in advance!!!!

[baron555 934]

No no no. You can not just merely send in these documents for the parents to adjust their status just because they are here on a visitors visa. They need to go back when the conditions of that visa is up.

From the VJ Guides:

This information is for U.S. citizens who wish to petition for or “sponsor” their alien parent(s) to live permanently in the U.S. Only U.S. citizens are eligible to petition for their parent(s). A U.S. Citizen must be at least 21 years of age to petition for a parent. Lawful Permanent Residents may not bring their parents to live permanently in the U.S.

Go here to find out how to do this correctly:

http://www.visajourney.com/content/immigration-parents

[Harpa Timsah 13,258]

You CAN file AOS for a parent who is here on a visitor visa, just like you can a spouse. The same rule applies that they should not have come here with the intent to immigrate, etc. I am not sure of all the rules for adjusting a parent, but maybe someone can help you over in this forum, which is more appropriate for your questions,

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Good luck.

Edited November 15, 2010 by Harpa Timsah

[raj_nj 0]

No no no. You can not just merely send in these documents for the parents to adjust their status just because they are here on a visitors visa. They need to go back when the conditions of that visa is up.

From the VJ Guides:

This information is for U.S. citizens who wish to petition for or “sponsor” their alien parent(s) to live permanently in the U.S. Only U.S. citizens are eligible to petition for their parent(s). A U.S. Citizen must be at least 21 years of age to petition for a parent. Lawful Permanent Residents may not bring their parents to live permanently in the U.S.

Go here to find out how to do this correctly:

http://www.visajourney.com/content/immigration-parents

Thanks for your reply. We both are U.S citizen so filing for parent's green card while they are here.

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Bringing Family Members of US Citizens to America" as the prior forum is for K1, K2, K3 & K4 visas so this is a more appropriate location**

[baron555 934]

Thanks for your reply. We both are U.S citizen so filing for parent's green card while they are here.

OK, maybe I was too harsh, but you need to follow the process exactly. If they overstay their visitors visa, that can become a problem...especially if there is to be an interview involved. How will you be able to explain that they were here visiting and then decided to remain?

To answer your questions about the forms:

- 485

My father can understand English but not fluent; Should I sign as Interpreter or not?

Doesn't matter.

I -130

Part C - Information about relative - Since they are here should I use U.S address? ( Same as mine)

No, they are not here permanently. You should put down their current permanent address which is likely back in India.

Quetion 22

If your relative is not eligible for adjustment of status, he or she will apply for a

Follow the Example Forms

I -765

16. Go to Part 2 of the Instructions, Eligibility Categories. In the space below,

place the letter and number of the category you selected from the instructions

Follow the Example Forms

I -131

Should we select multiple entry?

Can we put tentative travel date?

Should we attache a letter about purpose of trip?

Follow the Example Forms

G-325A

It should only for them correct not for us? So one for father and one for mother

Yes, one complete set of documents for each.

If there parents have died and do not know the birthdate; is that okay? Do we need to put country of residance for them? ( i guess heaven)

Mark it Unknown. They are dead and therefore do not live in any country. Leave it blank.

Address of last 5 years

Should we put U.S address as most recent?

No, it's not a permanent address. List just the permanent addresses.

[raj_nj 0]

Thanks!!!!

OK, maybe I was too harsh, but you need to follow the process exactly. If they overstay their visitors visa, that can become a problem...especially if there is to be an interview involved. How will you be able to explain that they were here visiting and then decided to remain?

To answer your questions about the forms:

- 485

My father can understand English but not fluent; Should I sign as Interpreter or not?

Doesn't matter.

I -130

Part C - Information about relative - Since they are here should I use U.S address? ( Same as mine)

No, they are not here permanently. You should put down their current permanent address which is likely back in India.

Quetion 22

If your relative is not eligible for adjustment of status, he or she will apply for a

Follow the Example Forms

I -765

16. Go to Part 2 of the Instructions, Eligibility Categories. In the space below,

place the letter and number of the category you selected from the instructions

Follow the Example Forms

I -131

Should we select multiple entry?

Can we put tentative travel date?

Should we attache a letter about purpose of trip?

Follow the Example Forms

G-325A

It should only for them correct not for us? So one for father and one for mother

Yes, one complete set of documents for each.

If there parents have died and do not know the birthdate; is that okay? Do we need to put country of residance for them? ( i guess heaven)

Mark it Unknown. They are dead and therefore do not live in any country. Leave it blank.

Address of last 5 years

Should we put U.S address as most recent?

No, it's not a permanent address. List just the permanent addresses.