Sponsoring parent for green card already in US

[Gc4dad 0]

My father is a Canadian citizen and living in US as visitor. He is elderly and does not have family support in Canada anymore. My brother who is also a Candian citizen lives in New York and works
as a physician. He is the caretaker for my father. I am a US Citizen living in California and would like to apply for green card application for my father so he can stay in the US permanently with my brother.

question 1: my father a Canadian citizen entered the U.S. via land does not have I-94. Can I skip I-94 related questions in I-130?

question 2: can my father travel to Canada and back to US after I-130 is filed?

question 3: Do I need to file affidavit of support with I-130?

question 4: Is there option to expedite his GC processing given his advanced age?

[Boiler 45,519]

I 94s are found on line

He can travel to Canada now but assuming you want to adjust he needs AP to come back

You file the full packet

Not sure what age has to do with seeking an expedite, could you explain why?.

 

[Gc4dad 0]

Thanks @bioler since he entered US  with Canadian passport via land there is no I-94 record online. He can apply for I-94 by traveling to a port of entry. But I was wondering if I-94 info can be skipped since he is a Canadian citizen. 

[Boiler 45,519]

Write a note explaining why he has no I 94, when did he enter?

[Chancy 6,241]

26 minutes ago, Gc4dad said:

I am a US Citizen living in California and would like to apply for green card application for my father so he can stay in the US permanently with my brother.

 

Your father has 2 options to be able reside in the US legally -- adjust status now (not leave the US without either a GC or AP) or return to Canada and pursue IR5 visa.  Do you intend for your father to stay in the US beyond the 6 months he is allowed as a visitor, without having to return to Canada first?

 

4 minutes ago, Gc4dad said:

since he entered US  with Canadian passport via land there is no I-94 record online.

 

Have you checked the I-94 site already?  Even Canadian visitors must have I-94 records online.  If CBP has no record of your father's entry, he could be suspected of entering the US illegally.

 

[Boiler 45,519]

I was wondering when he entered as certainly in the past Canadians were not recorded.

[Gc4dad 0]

I-94 site does show his entry date which is 10/29/23 but I-94 info. 

[Gc4dad 0]

I-94 site does show his entry date which is 10/29/23 but no I-94 info. 

[Boiler 45,519]

Print that and include.

[Chancy 6,241]

12 minutes ago, Gc4dad said:

I-94 site does show his entry date which is 10/29/23 but no I-94 info. 

 

The entry date is the important bit.  I assume your father's passport number is clearly shown on the I-94 page, along with the US entry date.  If so, that's his I-94 record.

 

Does your father intend to stay in the US beyond the 6 months he is allowed as a visitor, without having to return to Canada first?

 

Edited November 9, 2023 by Chancy
typo

[Gc4dad 0]

I-94 site does show travel history 

 

Document Number : <Passport Number >
Document Country of Issuance : Canada

[Gc4dad 0]

Current plan is for him to stay permanently in US. He is elderly and traveling is getting harder. 

[Lil bear 4,216]

17 minutes ago, Gc4dad said:

Current plan is for him to stay permanently in US. He is elderly and traveling is getting harder. 

Look into health coverage costs so you know what you are getting him into. Even though a family member is a physician there c will be big costs likely as he ages .. no Medicare for 5 years and even then it is full cost buy in. 

Edited November 9, 2023 by Lil bear

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to AOS from Work/Student/Tourist Visas forum -- topic is about AOS of parent already in the US ***

 

10 minutes ago, Gc4dad said:

Current plan is for him to stay permanently in US. He is elderly and traveling is getting harder. 

 

In that case, you and your father will need to submit an I-485 package, along with the I-130 petition.  I-485 is the application for green card (GC) while staying in the US.

 

In addition to the I-130 and I-485, an I-864 affidavit of support and financial documents from you will be required with the initial I-485 package.

 

I-765 and I-131 are both optional, but recommended with the I-485.  I-765 will get your father an EAD card, which will enable him to get SSN, possibly sooner than getting a GC.  I-131 is for AP (advanced parole), which will enable him to re-enter the US without abandoning his I-485 process, if he ever needs to leave before getting a GC.  Note that there's no fee for I-765 and I-131, if submitted with a fully-paid I-485.

 

Based on the info you've shared, I don't see any circumstance that could qualify your father for an expedite.  So I strongly suggest filing I-131 as a backup in case your father does need to leave the US temporarily.  Or scrap the plan to stay in the US while applying for a GC, and pursue an IR5 visa from Canada instead.

 

[Crazy Cat 41,865]

55 minutes ago, Gc4dad said:

Current plan is for him to stay permanently in US. He is elderly and traveling is getting harder. 

Another vote to file concurrent I-130, I-131, and I-485 packages now.  @Lil bear provided some great food for thought.  The I-131 is essential if there is any possibility he might want to visit Canada for medical care, etc. before Green Card is issued. 

Edited November 9, 2023 by Crazy Cat