AOS Of my father visitors visa i am us citizen

[carolinez90 0]

how do i go about AOS for my father who is here on a expired visitors visa?

what forms?

what documents?

i dont work so we will need a sponsor correct?

[dwheels76 5,469]

how do i go about AOS for my father who is here on a expired visitors visa?

what forms?

what documents?

i dont work so we will need a sponsor correct?

You can't if his I-94 is expired.

As long as his I-94 was valid, they can remain in the US while the AOS is pending. However you say its expired so no he can't adjust.

This isn't a situation like marrying a citizen and all overstays are forgiven.

Edited October 22, 2013 by dwheels76

[Umka36 781]

You can't if his I-94 is expired.

As long as his I-94 was valid, they can remain in the US while the AOS is pending. However you say its expired so no he can't adjust.

This isn't a situation like marrying a citizen and all overstays are forgiven.

Even though I disagree with the visa overstays (whether planned or not), the OP is a US citizen and her father is considered an immediate relative (IR5) so he can AOS.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD

[NigeriaorBust 4,087]

Being an immediate relative ( having a visa number available ) and adjusting with fogiveness of overstay are different. Overstays are forgiving for spouse and children

[Umka36 781]

Correct me if I am wrong:

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/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-24520/0-0-0-24528.html

Edited October 22, 2013 by Umka36

[Harpa Timsah 13,258]

A parent can do a concurrent I-130/I-485 and overstays are forgiven, just like a spouse. It is very similar to a spousal case.

OP: Use the concurrent I-130/I-485 guide for a list of forms, and read the instructions for evidence to show for a parent. You will need a co-sponsor, yes.

[Hypnos 6,578]

You can't if his I-94 is expired.

As long as his I-94 was valid, they can remain in the US while the AOS is pending. However you say its expired so no he can't adjust.

This isn't a situation like marrying a citizen and all overstays are forgiven.

Actually it's exactly like that. Provided you are an immediate relative of a US citizen (immediate relative = spouse, minor child under 21, parent of a child who is at least 21, or widow/er of a US citizen, if its been less than two years since the US citizen's death) then any overstay is not penalised at adjudication and someone who entered legally can file for AoS.

[carolinez90 0]

thanks everyone