Parents of adjustment of status with overstayed visa

[noche 1]

Hi , my parents overstayed their tourist visa .

I m a us citizen.

How do I file to adjust their status .

Thank you so much

[wildbug100420 132]

13 minutes ago, noche said:

Hi , my parents overstayed their tourist visa .

I m a us citizen.

How do I file to adjust their status .

Thank you so much

By how much? The correct way is to return back and file I 130. Was this the intention all along?

[noche 1]

I m asking how do I apply from here

Edited April 30 by noche

[noche 1]

9 minutes ago, wildbug100420 said:

By how much? The correct way is to return back and file I 130. Was this the intention all along?

A few months , n they can adjust their status from here .

No need to get back and get penalties. 

If u can help with how do I file thanks if not thanks again.

Take care

[appleblossom 2,813]

Just now, noche said:

A few months , n they can adjust their status from here .

No need to get back and get penalties. 

If u can help with how do I file thanks if not thanks again.

Take care

 

Just head to the guide on VJ and you'll find all the info you need there (top of the page). It's a legit question though, if they had any intention of staying when they entered then they're risking a ban from the US. 

[Crazy Cat 41,985]

***Moved to Adjustment of Status forum***

[noche 1]

1 hour ago, appleblossom said:

 

Just head to the guide on VJ and you'll find all the info you need there (top of the page). It's a legit question though, if they had any intention of staying when they entered then they're risking a ban from the US. 

They been coming to visit since 8 years ago,  if it was planned they d have done it many years ago. 

[EmilyW 1,469]

Intent was already decided at the border, so it's not an issue here, in my opinion.

 

Read the guides and adjust status.  Bear in mind that they won't be able to leave for some time, while their case is processing.

[noche 1]

I checked the guides and it s saying if they r in the United States,  they can file at same time i 130 and I 485.

And for both of them it fees were something over 4000$ , that I can t afford right now cuz I m Goin even thru a divorce.

If I file only the I 130 right now , do they gain any status during the process? 

Meaning that they can stay here with no problem?

Thank u

 

 

 

[appleblossom 2,813]

11 minutes ago, noche said:

I checked the guides and it s saying if they r in the United States,  they can file at same time i 130 and I 485.

And for both of them it fees were something over 4000$ , that I can t afford right now cuz I m Goin even thru a divorce.

If I file only the I 130 right now , do they gain any status during the process? 

Meaning that they can stay here with no problem?

Thank u

 

 

 

 

No, just filing the I-130 wouldn't be enough. If you can't afford to file for them via AOS, maybe they return to their home country and do it via consular processing instead? It's much cheaper that way. 

[Crazy Cat 41,985]

35 minutes ago, noche said:

And for both of them it fees were something over 4000$ , that I can t afford right now

I agree with @appleblossom.  With form fees, medical exams, etc, it could cost $4000...for each of them. Filing an I-130 gives them no rights to stay in the US.  If money is a factor, it might be better for them to return home and wait for the consular process.

Edited May 7 by Crazy Cat

[noche 1]

9 minutes ago, Crazy Cat said:

I agree with @appleblossom.  With form fees, medical exams, etc, it could cost $4000...for each of them. Filing an I-130 gives them no rights to stay in the US.  If money is a factor, it might be better for them to return home and wait for the consular process.

 

26 minutes ago, appleblossom said:

 

No, just filing the I-130 wouldn't be enough. If you can't afford to file for them via AOS, maybe they return to their home country and do it via consular processing instead? It's much cheaper that way. 

So if I file both 130 n 485 they d be on status correct?

[Crazy Cat 41,985]

6 minutes ago, noche said:

 

So if I file both 130 n 485 they d be on status correct?

They would be granted authorized stay until the I-485 was approved or denied.  "Authorized Stay" is not a legal status.  It prevents unlawful presence during that time.  They would be out of status, but authorized to stay in the US.   Have you considered how they are going to have health care?

 

Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence - Murthy Law Firm | U.S Immigration Law

Edited May 7 by Crazy Cat

[noche 1]

4 minutes ago, Crazy Cat said:

They would be granted authorized stay until the I-485 was approved or denied.  "Authorized Stay" is not a legal status.  It prevents unlawful presence during that time.  They would be out of status, but authorized to stay in the US.   Have you considered how they are going to have health care?

 

Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence - Murthy Law Firm | U.S Immigration Law

I have so many things Goin on in my life right now that s been really tough. 

N health wise they r healthy n they have not needed any hospital visits to this point.

That s my last concern right now to be honest with you.

[Crazy Cat 41,985]

2 minutes ago, noche said:

That s my last concern right now to be honest with you.

It usually is...until something happens.....Good luck with their immigration journey.