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Filed: Timeline
Posted

Hello,

I am a USC and my husband recieved his naturalization certificate last month. His parents and his sister came into the US on a visitor visa in 2000, but have stayed beyond the expiration date. Now that my husband is a citizen, can he file an I-130 for all three of them? If so, can he also file an I-485 along with it? His other concern was that since they are already in the country, they may ask them to leave in order to complete the process. Can someone please advise?

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

Hello,

I am a USC and my husband recieved his naturalization certificate last month. His parents and his sister came into the US on a visitor visa in 2000, but have stayed beyond the expiration date. Now that my husband is a citizen, can he file an I-130 for all three of them? If so, can he also file an I-485 along with it? His other concern was that since they are already in the country, they may ask them to leave in order to complete the process. Can someone please advise?

not for his sister, his sister doesn't qualify to adjust in country, plus the wait is over 10 years. she only can adjust in her country of origin, and if you file for her, and she leaves, it will trigger a 10 year ban.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Hello,

I am a USC and my husband recieved his naturalization certificate last month. His parents and his sister came into the US on a visitor visa in 2000, but have stayed beyond the expiration date. Now that my husband is a citizen, can he file an I-130 for all three of them? If so, can he also file an I-485 along with it? His other concern was that since they are already in the country, they may ask them to leave in order to complete the process. Can someone please advise?

Gonna be a long wait for the sister to adjust status. Parents will be fast.

Sibling will be years later. See the visa bulletin for wait time >>> http://travel.state.gov/visa/bulletin/bulletin_5518.html

And if the sibling (or parent before AOS is complete) leaves the ban will kick in.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Timeline
Posted

Gonna be a long wait for the sister to adjust status. Parents will be fast.

Sibling will be years later. See the visa bulletin for wait time >>> http://travel.state.gov/visa/bulletin/bulletin_5518.html

And if the sibling (or parent before AOS is complete) leaves the ban will kick in.

So if they are all here and he applies for them, will they be asked to leave?

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

So if they are all here and he applies for them, will they be asked to leave?

not the parents, overstay is forgiven. but for the sister it's a different story. she can't adjust in country, whether her brother filed for her or her parents did, when they become residents.

the only difference is that if parents filed for her,she would be able to file the waiver and the parents do the hardship letter after she has the interview in her country.

unless a miracle happens and there is an immigration reform.

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

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