Green card for my parents already in the US

[christophec 16]

Hello!

 

I will be apply for citizenship next month, and my parents are currently in the US with an E2 visa expiring in 1 year or so.

I tried to look on the forum for more detailed, but I only found detailed to file when parents live outside of the US

Can someone help me with the process ?

 

thanks a lot

[SusieQQQ 11,586]

If you are only applying for citizenship next month, it may still be many more months before you are actually a citizen (in some cases this can tae over a year). If your parents are still in the US on their current visa by that stage, you can apply for them after you have taken your oath ceremony with both I130 and I485 to adjust status.

[alien2006 2]

For your parents don't apply for AOS before 90 days of arrival on non immigrant visa.

https://citizenpath.com/90-day-rule-adjusting-status/

[civilservant 42]

8 hours ago, alien2006 said:

For your parents don't apply for AOS before 90 days of arrival on non immigrant visa.

https://citizenpath.com/90-day-rule-adjusting-status/

 

Please stop posting this, you're simply wrong.

 

There is no rule/law in the FAM or INA anything like what you are suggesting.

Edited June 18, 2019 by civilservant

[SusieQQQ 11,586]

Even if it was true the most basic read of the OP makes it obvious it wouldn’t apply.

[alien2006 2]

5 hours ago, civilservant said:

 

Please stop posting this, you're simply wrong.

 

There is no rule/law in the FAM or INA anything like what you are suggesting.

I stand corrected, in the OP case E2 is dual intent so the 90 days does not apply.

 

90 day rule does apply for non dual intent visa, please read the policy section "3. The U.S. Department of State’s 90-Day Rule"

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

 

Entering the U.S in B-1/B-2 status or non dual intent visa with the preconceived intention to file for adjustment of status is considered to be fraud

Edited June 18, 2019 by alien2006

[civilservant 42]

It clearly states it IS NOT A RULE.

 

Quote

Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers. However, USCIS officers must examine all of the factors in an applicant’s case. After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States. ^[9]

 

[SusieQQQ 11,586]

57 minutes ago, alien2006 said:

I stand corrected, in the OP case E2 is dual intent so the 90 days does not apply.

 

90 day rule does apply for non dual intent visa, please read the policy section "3. The U.S. Department of State’s 90-Day Rule"

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

 

Entering the U.S in B-1/B-2 status or non dual intent visa with the preconceived intention to file for adjustment of status is considered to be fraud

OP’s parents are already in US

OP is only to apply for naturalization next month

unless something amazing is going down at USCIS, there is no way that any 90 day rule would be a concern even if his parents landed the day he posted 

 

plus, parents are immediate relative category and everything gets forgiven 

Edited June 18, 2019 by SusieQQQ