US Citizen now and would like to file for my father who is here on expired visa

[carolinez90 0]

Hello guys i would like to file for my father who is here on a expired visa what forms and documents would i need?

[Darnell 8,479]

I-130 + I-485 + I-693

+I-131 + I-765

+I-864

Or you can follow the Guide about this, in the Guides Section.

Best to study, when logged in from a PC.

Go Get Em, and Good Luck !

[Pitaya 2,577]

~Moved from Family-based AOS to Bringing Family Members of US Citizens to America Forum~

~Not AOS process~

[carolinez90 0]

what do you mean its not a AOS my father lives in the US On a Visiting Visa which has been expired now that i am a citizen i would like to help him adjust his status

[Harsh_77 718]

As far as I know if he has illegal stay it cannot be done.

Only spouse is allowed the overstay.

[newacct 688]

Hello guys i would like to file for my father who is here on a expired visa what forms and documents would i need?

Are you at least 21?

~Moved from Family-based AOS to Bringing Family Members of US Citizens to America Forum~

~Not AOS process~

what do you mean its not a AOS my father lives in the US On a Visiting Visa which has been expired now that i am a citizen i would like to help him adjust his status

Probably a misunderstanding. This should probably in the "Adjustment of Status from Work, Student, & Tourist Visas" forum.

As far as I know if he has illegal stay it cannot be done.

Only spouse is allowed the overstay.

Nope. No difference. Parents are also immediate relatives.

[Harsh_77 718]

You might want to look up over stay wavier was only for spouse.

[Umka36 781]

Here is where it address this Harsh_77:

Sec 245.1 (b)(10).

(b) Restricted aliens. The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act, unless the alien establishes eligibility under the provisions of section 245(i) of the Act and Sec. 245.10, is not included in the categories of aliens prohibited from applying for adjustment of status listed in Sec. 245.1©, is eligible to receive an immigrant visa, and has an immigrant visa immediately available at the time of filing the application for adjustment of status: (Revised 10/1/94; 59 FR 51091)

(10) Any alien who was ever employed in the United States without the authorization of the Service or who has otherwise at any time violated the terms of his or her admission to the United States as a nonimmigrant, except an alien who is an immediate relative as defined in section 201(b) of the Act or a special immigrant as defined in section 101(a)(27)(H), (I), (J), or (K) of the Act. For purposes of this paragraph, an alien who meets the requirements of § 274a.12©(9) of this chapter shall not be deemed to have engaged in unauthorized employment during the pendency of his or her adjustment application. (Added 7/23/97; 62 FR 39417)

And 201(b) defines immediate relatives as,
(b) Aliens Not Subject to Direct Numerical Limitations. - Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a), are as follows:7/23/97; 62 FR 39417)

http://www.uscis.gov...-0-0-24528.html

[newacct 688]

You might want to look up over stay wavier was only for spouse.

They don't need a waiver. They are eligible for AOS.

[NINA80 9]

Agree with Darnell. Even if his visa still valid, you should file all the ASO applications.