Greencard for parents

[skanuri]

Hi i just got my citizenship approved last month and would like to apply for GC for my mom. She is here on visitor visa currently . I do have a couple of questions regarding the process

1. Do we need to go through this process with a lawyer or can we do the paperwork ourselves.. if so can you please send me a list of docs that we need to file the application and the process to start this..

2. and once she applies for GC can she stay here without applying for visa extensions. Her visa is valid until Oct.

3. What docs do we need from India like birthcertificate. if birth certificate is not available will two affadavits be enough?

Any help from people who have done this previously is appreciated.

Thanks in advance

[wanksta1]

yes you can petition your parents whether they are in or outside the US. all required documents are found on www.uscis.gov, go to How Do I? link click on adjustment of status.

[laava]

My understanding is that the first step is to file I-130 to the Service Center and when it is approved, file I-485 with your local office. Not sure if this is the case or the two steps can be done concurrently for parents.

[Jitender]

An approval for petition (I-130) must be obtained before filing for adjustment of status (I-485).

Along with I-485 (aos), affidavit of support (i-864), fingerprinting if aged 79 and under, and medical records will be required.

It is best that your mum does not leave the USA before I-485 is filed. Once I-485 is filed, she becomes eligible for Social Security Card and possibly(?) medicaid benefits. I understand that she can then also stay beyond the expiry of I-94.

I am not sure if you can apply for adjustment of status if she is 'out of status', that is if she overstays her permit, but I believe it can be done.

I would consult an immigration attorney.

[dsam]

Originally Posted by Jitender

An approval for petition (I-130) must be obtained before filing for adjustment of status (I-485).
Incorrect. You can file both concurrently - at your local office.
Along with I-485 (aos), affidavit of support (i-864), fingerprinting if aged 79 and under, and medical records will be required.

It is best that your mum does not leave the USA before I-485 is filed. Once I-485 is filed, she becomes eligible for Social Security Card and possibly(?) medicaid benefits. I understand that she can then also stay beyond the expiry of I-94.
Once you file both concurrently before the end of authorized stay (I94), she can stay in US till her case is decided/approved by USCIS. She can leave US by getting AP.

I am not sure if you can apply for adjustment of status if she is 'out of status', that is if she overstays her permit, but I believe it can be done.

I would consult an immigration attorney.