Can US Citizenship sponsoring her parent?

[howjltx 0]

Can a daughter with US Citizenship over 21+ years old sponsor her parent from the Ukraine (a non- visa waiver country) if he:
1) comes over on a B-1/B-2 visa first

2) Daughter applies for the I-30 based on IR-5 parent of US Citizen (takes 5-9 months)

3) Father applies for the I-539 to extend their stay until the I-30 is approved?

 

I have not looked into this for a long time but in the past, I thought that the parent would be required to leave the country before being allowed back into the USA under the I-130.

 

Another issue that could arise if the process took longer and his extension expired, would he need to leave the country or could he just get another extension?

[Dee elle 1,368]

3 minutes ago, howjltx said:

Can a daughter with US Citizenship over 21+ years old sponsor her parent from the Ukraine (a non- visa waiver country) if he:
1) comes over on a B-1/B-2 visa first

2) Daughter applies for the I-30 based on IR-5 parent of US Citizen (takes 5-9 months)

3) Father applies for the I-539 to extend their stay until the I-30 is approved?

 

I have not looked into this for a long time but in the past, I thought that the parent would be required to leave the country before being allowed back into the USA under the I-130.

 

Another issue that could arise if the process took longer and his extension expired, would he need to leave the country or could he just get another extension?

No. Entering on a tourist visa with the intent to adjust status is visa fraud 

she can file through consular processing where he remains in his country and has the interview and then enters the US as an LPR

Processing takes 12 to 15 months from sending in the I130

As he has an existing B visa, it is possible for him to visit while it is being processed... not guaranteed .. but he cannot stay in the US and adjust

 But, if he is already here, having entered with the intent to return, and the decision to stay is made, then she can file for his adjustment of status. Once his AOS application is received and acknowledged with an NOA 1 , he is in a period of legal stay... and doesn’t need to extend the visitor visa. But even 1 day out of status will impact any application so the NOA1 must be dated prior to the last stay date on the I94

Be aware of travel , work etc implications of going with an AOS 

 

[WeGuyGal 1,052]

3 hours ago, howjltx said:

Can a daughter with US Citizenship over 21+ years old sponsor her parent from the Ukraine (a non- visa waiver country) if he:
1) comes over on a B-1/B-2 visa first

2) Daughter applies for the I-30 based on IR-5 parent of US Citizen (takes 5-9 months)

3) Father applies for the I-539 to extend their stay until the I-30 is approved?

 

I have not looked into this for a long time but in the past, I thought that the parent would be required to leave the country before being allowed back into the USA under the I-130.

 

Another issue that could arise if the process took longer and his extension expired, would he need to leave the country or could he just get another extension?

Number 1 is no. Coming on a b1/b2 visa to change/adjust status is considered visa fraud. 

 

Once a i130 is filed, the parents await the consular process in their country and interview in Kyev.  In the meantime they could seek entry into the US on a b2 visa, but their odds of being admitted dim when an immigrant petition is pending.