Filing for permanent residency for visiting parent

[N and S 29]

Fellow Vjers, 

 

One of our family got their green card some two years back. She arrived on a visitor visa and her US citizen son petitioned for her during her visit. They engaged a lawyer who told them to file the green card application after six months of the lady arriving in the US. Is there a reason to wait for six months after date of arrival to the US? Please share your experience....we have a visiting parent who arrived on tourist visa, and we would like to petition for their green card. 

 

Thanks,

N

[Crazy Cat 41,903]

There is no reason to wait.  There is no 90 day USCIS rule for adjusting status.  The law is that a person can not enter the US via a tourist visa with the intent to stay and adjust status.  Waiting 90 days or 6 months doesn't change the intent a person had when entering........in other words, the I-130, I-485, I-131, I-765 can be submitted now.  

Edited February 18, 2020 by missileman

[qrk 104]

On 2/18/2020 at 7:04 AM, N and S said:

Fellow Vjers, 

 

One of our family got their green card some two years back. She arrived on a visitor visa and her US citizen son petitioned for her during her visit. They engaged a lawyer who told them to file the green card application after six months of the lady arriving in the US. Is there a reason to wait for six months after date of arrival to the US? Please share your experience....we have a visiting parent who arrived on tourist visa, and we would like to petition for their green card. 

 

Thanks,

N

Ask your lawyer. He may have a very good reason, specific to your case. If you don't get a convincing answer, get a second opinion from a second lawyer. Most of them offer free or low cost  initial consultation nowadays.