Applying for a green card for Senior parents

[emjay129 0]

Hi everyone,

 

I would like to apply for a green card for both my parents who are Senior Citizens. They are both currently living in the Philippines and have visited the US on many different occasions on tourist visa.

 

However, my case is a bit complex because on my birth certificate, it says my parents are "not married". My dad has had a previous marriage to someone else, albeit only a month, back in the 1970s. They are currently attending court trials to have this previous marriage annulled. But because of years and years of putting it off, now that there is a pandemic, it has proved to even be more difficult because offices are closed, etc.

 

So my questions are:

 

1. Would it be difficult to apply for a green card for my parents if it shows on my birth certificate that they are not married? FWIW, they've always been together and have always lived like a married couple.

 

2. Is it possible to apply for a green card for them if they were here in the US and just apply for a change in status - ie, change from B1/B2 to green card?

Thanks in advance for your help.

Edited July 2, 2021 by emjay129

[Crazy Cat 42,145]

2,  They cannot enter the US via a tourist visa with the intent to adjust status.  That is immigration fraud.

[HRQX 4,145]

3 minutes ago, emjay129 said:

Is it possible to apply for a green card for them if they were here in the US and just apply for a change in status - ie, change from B1/B2 to green card?

At the Port of Entry they cannot have preconceived intent to Adjust status because it is illegal. See INA 212(a)(7)(A)(i)(I) and INA 214(b). Assuming they are currently outside the US then consular processing is the only path.

6 minutes ago, emjay129 said:

Would it be difficult to apply for a green card for my parents if it shows on my birth certificate that they are not married?

They being listed is already a plus. If they still have doubts then they can request DNA test from a DOS-approved lab.

[Boiler 45,966]

Forget that

 

From what I have read on here the annulment process is a question of time and money.

 

Only thing I can think of as a tourist visa was mentioned is that every thing lines up with prior applications.

Edited July 2, 2021 by Boiler

[SalishSea 18,102]

3 hours ago, emjay129 said:

Hi everyone,

 

I would like to apply for a green card for both my parents who are Senior Citizens. They are both currently living in the Philippines and have visited the US on many different occasions on tourist visa.

 

However, my case is a bit complex because on my birth certificate, it says my parents are "not married". My dad has had a previous marriage to someone else, albeit only a month, back in the 1970s. They are currently attending court trials to have this previous marriage annulled. But because of years and years of putting it off, now that there is a pandemic, it has proved to even be more difficult because offices are closed, etc.

 

So my questions are:

 

1. Would it be difficult to apply for a green card for my parents if it shows on my birth certificate that they are not married? FWIW, they've always been together and have always lived like a married couple.

 

2. Is it possible to apply for a green card for them if they were here in the US and just apply for a change in status - ie, change from B1/B2 to green card?

Thanks in advance for your help.

Keep in mind you will need a solid plan to pay for their health care if they do eventually immigrate to the US, as they will not be eligible for medicare or social security.