change of status

[shambazaza]

can someone enter the us on a tourist visa and then apply for family based green card while here? do they have to wait a few months before the application?does it work that way? please help

[amishah]

Originally Posted by shambazaza

can someone enter the us on a tourist visa and then apply for family based green card while here? do they have to wait a few months before the application?does it work that way? please help

It depends on relation between him an petitioner. Please give us more details. We can not read your mind.

[shambazaza]

My question is I am a US citizen and I want to sponsor my parents for the green card.They have been here for 3 months on a tourist visa. Can I begin the green card application now while they are here,so they can change their status here?

[ari4u]

Originally Posted by shambazaza

My question is I am a US citizen and I want to sponsor my parents for the green card.They have been here for 3 months on a tourist visa. Can I begin the green card application now while they are here,so they can change their status here?

Check here
http://uscis.gov/graphics/services/residency/family.htm

[shambazaza]

thanks for your reply. i checked the site, but it diddnt have any specific information about B1/B2 visas being converted into green cards. i am guessing that means there is no problem, however i keep hearing from different people that it is not okay, and that even though you are allowed to submit the application, it will not be approved.... does anyone know if this is true? any experience with family based immigration when yur parents enter the country on a B1/B2 visa?also, if we decide to do consular processing, after we file the I-130, will my parents be allowed to come and leave as they wish on their tourist visa, or will they not be allowed to re enter since their green card application is pending? and if they can re enter, when they get their I130 approval, can they go to canada to get their geen card process started, or do they have to go to the embassy in their home country? I hope some one has an idea they can share with me. Again, thanks a lot for taking the time to answer.

[mikew151]

it should be okay for your parent to adjust status to green card as long as you meet all the requirements. Just make sure their length of stay here in US not exceed the permitted time.

They should be able to use their tourist visa to come and go while their status is pending.

[LucyMO]

that's wrong advice.

If they apply for a change of status, and leave the US without an advance parole allowing them to travel, they forfeit their AOS applications. They cannot travel back and forth on their tourist visas while AOS is pending.

[shambazaza]

Thanks everyone for your help. from what I understand, i CAN apply for their adjustment of status while they are here. i guess this is the next step i will do.they dont have to go home while the process is pending right?

[cherr1980]

Nope, they don't have to go home, but if they want to travel they have to apply for Advance Parole as a travel document. Anyway be aware that the advance parole doesn't guarantee a re-entry.

good luck,