Would my parents be out of status after filing?

[Abcd1234 102]

Hi , so my parents visiting me , i am US citizen,  and they just arrived here. They have multiple entry visa and i believe they can stay maximum of 6 months for this visit.

   However,  with little infant that i have and a business we feel it would be great help if they stay here and we are intending to cancel the flight backhome and file for adjustment of status.

   My question is ,

1) is it best to file after 90 days of entry? 

2) since there valid stay is 6 months , and i am not sure how long the process of adjustment of status is, would they be out of status between the time frame of getting any work permit etc and 6 months of entry? Would it be a problem.

   How does this whole thing would work?

  Should i hire an attorney or file by myself? 

  They are not planning to travel for 2,3 years now.

Thanks

Edited November 19, 2022 by Abcd1234

[Dashinka 24,372]

File when you want.  There is no 90 day rule.  If you file the I485 package and it is received by USCIS, then they are in a period of “authorized stay” until the I485s are adjudicated.  One thing to keep in mind, they cannot work until they receive their EADs.

 

Good Luck!

[Abcd1234 102]

2 minutes ago, Dashinka said:

File when you want.  There is no 90 day rule.  If you file the I485 package and it is received by USCIS, then they are in a period of “authorized stay” until the I485s are adjudicated.  One thing to keep in mind, they cannot work until they receive their EADs.

 

Good Luck!

So you are sure about 90 day rule ? Because someone said it will show intent to immigration and be looked as suspicious immigrant intent before travel??

  Thanks. 

 Also if for any reason if their case is denied in future, since you said it is authorized stay, it wont affect their re entry into US with ban for years right?

[Daphne . 1,846]

4 minutes ago, Abcd1234 said:

So you are sure about 90 day rule ? Because someone said it will show intent to immigration and be looked as suspicious immigrant intent before travel??

  Thanks. 

 Also if for any reason if their case is denied in future, since you said it is authorized stay, it wont affect their re entry into US with ban for years right?

Looking at your post history, wasn’t there the intent to immigrate for them anyways? You already mentioned that you were going to sponsor them in previous posts.
 

They were admitted, and apparently are okay with not leaving the US for a while, so you can file the adjustment of status.
 

 

[Abcd1234 102]

8 minutes ago, Daphne . said:

Looking at your post history, wasn’t there the intent to immigrate for them anyways? You already mentioned that you were going to sponsor them in previous posts.
 

They were admitted, and apparently are okay with not leaving the US for a while, so you can file the adjustment of status.
 

 

This is their 2nd visit,  we decided not to that first time, and they went back. We are still not 100% sure if we are filing or not but i am looking for options if it is possible to do it , we already have their return ticket purchased but having change of mind

[Free Man 119]

My cousin  filed for her mum 62 days after her arrival. She got approved.  Based on what you said there was no intent for your mum to stay, you made that decision after her arrival. 

[Crazy Cat 41,608]

14 hours ago, Abcd1234 said:

Because someone said it will show intent to immigration and be looked as suspicious immigrant intent before travel??

What was their intent when they traveled?  How would waiting 90 days change what they intended 90 days earlier?

[Crazy Cat 41,608]

11 hours ago, Free Man said:

Based on what you said there was no intent for your mum to stay, you made that decision

Care to elaborate?  The fact is that they were admitted as visitors.  Unless they misrepresented themselves at POE, they can apply to adjust status.  If they lied at entry regarding their intent, adjustment could be denied.  I have seen one case in which a spouse was specifically questioned during a secondary inspection when she entered as a visitor.  She said she would not apply to adjust.  At her Adjustment of Status interview, the officer had her specific statements from entry.  He accused her of a misrepresentation, and he denied her case. 

 

Edited November 20, 2022 by Crazy Cat

[Scandi 4,143]

21 hours ago, Abcd1234 said:

So you are sure about 90 day rule ? Because someone said it will show intent to immigration and be looked as suspicious immigrant intent before travel??

  Thanks. 

 Also if for any reason if their case is denied in future, since you said it is authorized stay, it wont affect their re entry into US with ban for years right?

They had the intent to immigrate before they arrived anyway, it's not like that's a secret at this point. You have mentioned petitioning for them before and in this thread you admitted they JUST arrived and already have decided to stay and adjust status. So nobody is going to believe there wasn't an intent before arriving in the US. I don't think they can get denied based off of that alone though. 

[Sebat4 77]

On 11/20/2022 at 4:11 PM, Scandi said:

They had the intent to immigrate before they arrived anyway, it's not like that's a secret at this point. You have mentioned petitioning for them before and in this thread you admitted they JUST arrived and already have decided to stay and adjust status. So nobody is going to believe there wasn't an intent before arriving in the US. I don't think they can get denied based off of that alone though. 

My parents lawyer (he ask the same questions of my parents and told us what will happen if USCIS can prove that they were misguided) said that if they had intend to stay before arriving into the country then they misguided an officer in the US embassy as well as at the Point of Entry and its a huge possibility to be denied a green card at the interview and they will go into deportation proceedings at the time of the interview.

[Abcd1234 102]

On 11/19/2022 at 5:56 PM, Daphne . said:

Theydidng have any intent to immigrate when they entered,  like a said before intent was only to visit. We are having change of mind though gives few circumstances. And i have solid evidences that initial plan was to go back in 4 months

 

[GWagon 2]

You can Apply any time and yes you can do it yourself and save attorney money. The process is fairly straightforward.

[Cecilia Ng 0]

On 11/19/2022 at 3:41 PM, Dashinka said:

File when you want.  There is no 90 day rule.  If you file the I485 package and it is received by USCIS, then they are in a period of “authorized stay” until the I485s are adjudicated.  One thing to keep in mind, they cannot work until they receive their EADs.

 

Good Luck!

Does this mean that if the applicant received the I797C for her I485 application, she need not file anything for extension even if the authorized stay stated in I94 will expire soon? 

[Crazy Cat 41,608]

6 minutes ago, Cecilia Ng said:

Does this mean that if the applicant received the I797C for her I485 application, she need not file anything for extension even if the authorized stay stated in I94 will expire soon? 

Correct.  The applicant is granted authorized stay in the US until the I-485 is either approved or denied.