Parents green card applied - visitor visa due to expire - status??

[luta]

My parents green card has been applied. What will be there status if their visitor visa expires before the I 130 approval ?
Will applying for I 485 before the visitor visa expires, keep them in status beyond the visitor visa end date ?

Thanks

[sheracar]

What is the status of the petitioner? Is he/she a citizen? resident?

[Pinturicchio]

Originally Posted by sheracar

What is the status of the petitioner? Is he/she a citizen? resident?

I was under the impression only a citizen can apply for his/her parents.

[sheracar]

Your impression is 100% right

[falcon7a]

luta,

You need to be a US citizen to apply for your parent's Green Card. If you are close to becoming a citizen, I suggest filing for a visa extension for your parents. That extension will take a month or so to get approved or denied. If you already have a citizenship interview lined up, it would make sense for your parents to stay in the US a little longer on a visa extension. Once you are a citizen, you can apply for their green card.

If it will take you a while to become a citizen, then your parents will have to go back, otherwise they will be in the US illegally.

[luta]

Hi,

my sister who is a citizen is appling for their greencard.

My concern is -
My parents hold 10 year multiple entry visa.But as you know they can stay not more than 6 months at a strech. 2 1/5 months have already passed.
And now we are aplling for their greencards.I am worried- what will happen if their i130 and 485 is not approved before the expiry of six months?Can they apply for extention or they will have to go back to India?

[amishah]

Originally Posted by luta

Hi,

my sister who is a citizen is appling for their greencard.

My concern is -
My parents hold 10 year multiple entry visa.But as you know they can stay not more than 6 months at a strech. 2 1/5 months have already passed.
And now we are aplling for their greencards.I am worried- what will happen if their i130 and 485 is not approved before the expiry of six months?Can they apply for extention or they will have to go back to India?

Their I 130 and I 485 don't have to be approved before the expirey of six months. Your sister only have to make sure that USCIS receives the I 130 and I 485 before the expiry of six months. That will make them in status of adjustment and they will not need to maintain their visitor visa. They will also not have to leave the country.