Filling for Father of US Citizen in US

[imax 2]

Hello,

 

I'm on the way to become a US citizen soon (most likely June 21st '18). My Father has visited me for 5 months almost every since 2013, he has a valid 10yr Visitors Visa, he has always stayed less then 6months here, usually Dec - May and then goes back to his home country. He is here right now with me (flew in January 12th '18), and planning to fly back on June 26th. I was wondering, if I file his application (which forms would they be?) before he is supposed to fly back, can he stay here longer or after? What would be the right procedure to follow, and what would be the correct way to do it.

 

Thank you!

Edited May 21, 2018 by imax

[Roel 7,193]

If you file the application when he's in the US, I assume you mean AoS? If so, then he actually cannot leave US until he receive AP or Green Card.

[imax 2]

1 minute ago, Roel said:

If you file the application when he's in the US, I assume you mean AoS? If so, then he actually cannot leave US until he receive AP or Green Card.

Yes, thats what I meant, Adjustment of Status, as soon as I file his application, does he become eligible to stay here till his GC is processed? Or do we need to wait till we receive a letter or something. He technically should be fine to stay till 6 months from his entry date which was Jan 12th which would be July 12th.

[NigeriaorBust 4,087]

  You can't file until you are a citizen,  when is your oath 

[imax 2]

5 minutes ago, NigeriaorBust said:

  You can't file until you are a citizen,  when is your oath 

I do understand that, I have an interview on June 21st, and if it went well I'd request the Oath on the same day, this is assuming all of that goes well.

[Jojo92122 1,924]

1 minute ago, imax said:

I do understand that, I have an interview on June 21st, and if it went well I'd request the Oath on the same day, this is assuming all of that goes well.

You are unlikely to get a same-day oath on the day of your interview.  It can take weeks or months for your oath ceremony.

[imax 2]

1 minute ago, Jojo92122 said:

You are unlikely to get a same-day oath on the day of your interview.  It can take weeks or months for your oath ceremony.

I live more then 250 miles from the center, I was under the assumption in those cases, they could do a same day Oath ceremony.

[willcrack 42]

It all depends on the oath scheduling practices of your local USCIS office - some do same day oath, some every week, others 2-3 times a month and some others even farther apart. Then again, some do administrative oath and others a judicial one which also dictates how often they can schedule it.

 

You can easily find out the case for your office and plan accordingly.