adjustment of status for parent living in US

[Doug61 0]

Hi all,

I'm filling out the AOS forms for the parents of a US Citizen. The parents live in the US, they are here on an overstayed Visa.

My question is the following:

The USC son's mother was petitioned by a sister back in 1999. The petition was form I-130 for an immigrant visa based on a sibling relative. The petition form was accepted, but since the petitioner was a PR, the process has stayed in limbo since then.

On Form I-485 Part III - Processing Information, in the question that asks if you have ever applied for permanent resident status in the US. Does the petition by a sibling relative count as such? The petition was while the mother was married, and the form included the husband and children. Did the husband technically applied for a permanent resident status based on his being on the form?

I'm inclined to think that such petition does not count as application for permanent resident status for the Mother or the Father.

Any input would be greatly appreciated.

[aleful 1,905]

Hi all,

I'm filling out the AOS forms for the parents of a US Citizen. The parents live in the US, they are here on an overstayed Visa.

My question is the following:

The USC son's mother was petitioned by a sister back in 1999. The petition was form I-130 for an immigrant visa based on a sibling relative. The petition form was accepted, but since the petitioner was a PR, the process has stayed in limbo since then.

On Form I-485 Part III - Processing Information, in the question that asks if you have ever applied for permanent resident status in the US. Does the petition by a sibling relative count as such? The petition was while the mother was married, and the form included the husband and children. Did the husband technically applied for a permanent resident status based on his being on the form?

I'm inclined to think that such petition does not count as application for permanent resident status for the Mother or the Father.

Any input would be greatly appreciated.

if her sister was only a LPR she wasn't elegible to file, only USC can file for siblings as well as parents. If they aproved the petition then she was a USC because she had to have sent proof of citizenship with the i130.

yes they did appy for residency.

[NigeriaorBust 4,087]

Can parents AOS from an overstay ?? I thought that was limited to spouses.

[Jojo92122 1,924]

Hi all,

I'm filling out the AOS forms for the parents of a US Citizen. The parents live in the US, they are here on an overstayed Visa.

My question is the following:

The USC son's mother was petitioned by a sister back in 1999. The petition was form I-130 for an immigrant visa based on a sibling relative. The petition form was accepted, but since the petitioner was a PR, the process has stayed in limbo since then. It's not in limbo. An LPR cannot petition for a sibling. This is an invalid petition.

On Form I-485 Part III - Processing Information, in the question that asks if you have ever applied for permanent resident status in the US. Does the petition by a sibling relative count as such? No. Answer yes only if the parent (immigrant) apply for an immigration visa or adjustment of status. The I-130 is filed by the petitioner and is not considered an application by the beneficiary. The petition was while the mother was married, and the form included the husband and children. Did the husband technically applied for a permanent resident status based on his being on the form? I presume you mean Form I-130, then the answer is no.

I'm inclined to think that such petition does not count as application for permanent resident status for the Mother or the Father.

Any input would be greatly appreciated.

[ceadsearc 516]

I'm not sure about the answer to the initial question, sorry. But to clear up some other things posted in this thread:

Overstay is forgiven for immediate relatives of US citizens (only citizens, not LPRs), which includes parents.

Edited September 1, 2011 by ceadsearc

[Doug61 0]

Thanks everyone for your responses.

I just wanted to confirm my initial thoughts.

All indicates that immediate relatives(spouses, parents) of US Citizens can adjust status regardless of an overstayed visa.

My question about whether a petition(I-130) by one of the parent's sibling's a decade ago counts as appying for permanent residency by the petitioned parent was answered. that answer is No, just as I thought.

Everything is coming together then.

thanks again.