Please help

[aaron2020 11,651]

Your best option is your wife file I-130 now but send the your wife's parents home before their stay expires. Just to avoid headache down the road. Petitioning the parents are actually the easiest and quickiest one. Don't take the short cut as it will just complicate the situation.

That is not their best option.

Do some research before posting next time.

[aaron2020 11,651]

It's shocking what you can find on Google before posting pure BS opinions as the law.

FIRST LINK for "parents of USC adjusting status" - https://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen#outside

THIRD LINK http://www.alllaw.com/articles/nolo/us-immigration/how-to-get-green-card-for-your-parents-citizen.html

Edited February 15, 2016 by aaron2020

[michellefor 1]

US laws allows the parents of a USC to adjust status once they are in the US. You are wrong. This is your opinion based on a lack of knowledge (and inability to use Google). Learn to use Google before posting your opinion as the law.

YES , as long you you file the I485 before the I94 expired , your parents will be no problem to adjust status in US. My friend filed for her parents last year and both got approved.

[aaron2020 11,651]

YES , as long you you file the I485 before the I94 expired , your parents will be no problem to adjust status in US. My friend filed for her parents last year and both got approved.

Wrong. Try using Google.

Overstays are forgiven for parents of USC since they are Immediate Relatives. It's fine if the I-485 is filed for overstayed parents.

Edited February 15, 2016 by aaron2020

[kris&me 572]

i am afraid lawyers wil say almost anything for money and then when visa is denied for not doing it properley, they wil ask for money to appeal and the fee for the appeal

Listen to those who have been here years and keep up with and follow the Immigration guidelines

they do need to return from the vistior visa

[tine71 12]

I just want to give my two cents, my aunt came about 3 years ago with a tourist visa (her son-my cousin) applied adjust of status for her mother and now she is Permanent Resident, I don't know much about the details, all I know is that she did not overstay her visa, she came a few times to the US before she decided to stay in the US and go to the process here in the US for her green card, I know that all immigration cases are different, just want to say that sometimes is possible.

[john_and_marlene 162]

It appears that some of the replies here are based on ignorance (ignorance simply meaning without knowledge). If you hear often that a spouse will not be denied adjustment for overstay, it would be a mistake to conclude that this ruling is only for spouses. The ruling is for immediate family members of U.S. citizens. All spouses are immediate family members, but not all immediate family members are spouses.

[discoverusa 284]

Just listen to aaron2020. Forget all the noise and file.

Good luck!

[Transborderwife 4,666]

i am afraid lawyers wil say almost anything for money and then when visa is denied for not doing it properley, they wil ask for money to appeal and the fee for the appeal

Listen to those who have been here years and keep up with and follow the Immigration guidelines

they do need to return from the vistior visa

No they don't

YES , as long you you file the I485 before the I94 expired , your parents will be no problem to adjust status in US. My friend filed for her parents last year and both got approved.

They can be out of status

[EM_Vandaveer 2,417]

i am afraid lawyers wil say almost anything for money and then when visa is denied for not doing it properley, they wil ask for money to appeal and the fee for the appeal

Listen to those who have been here years and keep up with and follow the Immigration guidelines

they do need to return from the vistior visa

They most certainly DO NOT have to return. They can adjust as immediate relatives of a USC. Please do your research before posting.

OP Please do Not listen to the naysayers. None of them have a law degree. The lawyer is right. Your wife's parents can adjust their status. No problem with intent. Intent was determined at POE. They were deemed NOT to have intent (otherwise they would not have been let into the country).

[EM_Vandaveer 2,417]

From the horse's mouth:

https://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen#

[Mike-eeh and Odie 193]

...The lawyer is right. Your wife's parents can adjust their status. No problem with intent. Intent was determined at POE. They were deemed NOT to have intent (otherwise they would not have been let into the country)...

Just to play Devil's Advocate here,

Yes, the parents can adjust on a B2.

However, intent was not determined at POE, it was determined by a CO in their embassy, as all applicants on a B2 visa are presumed to have immigrant intent. That said, his wife's parents had to convince a CO that they would go back to their home country, and then convince a Customs Border Officer the same. I doubt either of them would have been visiting America had they mentioned the fact they would adjust and stay. So if you think intent is solely based on a CO or CBO's judgement, ask yourself first how they arrived at their conclusion, then ask yourself how easy it will be to prove non-immigrant intent upon entry.

I'm in agreement with HFM181818 on many things with regard to immigration intent; the most stand out opinion he has being that most immigrants change their minds the moment their luggage is coming down the airport conveyer belt.

That said, while it is possible to adjust on a B2, there is always a chance that their AOS will be denied. If that happens, would you want to risk a ban because you overstayed your B2?

[Boiler 46,147]

They cannot adjust status from a visitor visa. They must return home. Your wife then files an I-130 petition for each of them.

From your previous post, they have been working in the USA. Taking care of children or sick people on a visitor visa is not permitted, even if you are related by blood or marriage. That's not my opinion, that's how the law sees it, I'm afraid.

You are wrong.

^^This

You can file the I130 petition now, but they must abide by the terms of their B2 and return before their authorized stay expires.

You are wrong

[Boiler 46,147]

Just to play Devil's Advocate here,

Yes, the parents can adjust on a B2.

However, intent was not determined at POE, it was determined by a CO in their embassy, as all applicants on a B2 visa are presumed to have immigrant intent. That said, his wife's parents had to convince a CO that they would go back to their home country, and then convince a Customs Border Officer the same. I doubt either of them would have been visiting America had they mentioned the fact they would adjust and stay. So if you think intent is solely based on a CO or CBO's judgement, ask yourself first how they arrived at their conclusion, then ask yourself how easy it will be to prove non-immigrant intent upon entry.

I'm in agreement with HFM181818 on many things with regard to immigration intent; the most stand out opinion he has being that most immigrants change their minds the moment their luggage is coming down the airport conveyer belt.

That said, while it is possible to adjust on a B2, there is always a chance that their AOS will be denied. If that happens, would you want to risk a ban because you overstayed your B2?

Most visitor vsas are 10 year multi entry, yes the CO will take an initial view but all a Visa is is permission to apply during its currency.

Overstays by immediate relatives are forgiven so what ban?

[Kastrs 723]

You are wrong.

You are wrong

Yes, you are not the first person to point this out, but thanks again for the reminder