A question about timing

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waitforsolong

Registered Users (C)
I want to apply GC for my parents based on my potential citizenship. My parents came here with visitor visa. The visa will expire Sep 19. However, my oath ceremony might be in late August. I will immediately file I-130 and I-485 after i get my citizenship.

The question is, will my parents have gap in term of staying here legally?

Thanks,
 
waitforsolong said:
My parents came here with visitor visa.
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from your message I see they are aleady here, so their stay expires on Sep 19th.

Well if you are Sure your naturalization will be granted, it won't matter even if they over stay.
But if for soome reason or another your N400 is delayed by some other unpredicted factor, then once they are overstayed by more than a certain period of time, they'll enter the Pan from entry should they have to leave the country before adjusting status. That applied even if you do naturalize afterwards also.

Someone correct me if I am wrong.

Best of luck.
 
Thanks for your replying.

The I-94 shows that they can stay until Sep 19.

My N-400 has been approved, I received notice from USCIS for this. But, the oath ceremony has not been scheduled yet. (Actually I am scheduled once, but USCIS canceled it and is going to reschedule it)
 
If I were you, maybe I would try to apply for extension to the visitor status, which if granted would buy you up to maybe 6 months,... hopefully by then you would have had the N400 approved , and kept yourself the peace of mind.
 
amasamas said:
If I were you, maybe I would try to apply for extension to the visitor status, which if granted would buy you up to maybe 6 months,... hopefully by then you would have had the N400 approved , and kept yourself the peace of mind.
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Thank you. My N400 has been approved, I am only waiting for oath ceremony. (Of course, it really hard to predict anything before I really get my citizenship certificate).

I checked form supplement A to I-485. It does say that if applying for parent of US citizen of 21 years old, I don't need to file this form ($1000), as long as their visa is not C-1 or S non immigrant status. So, my guess is, it is ok as long as they stay here until getting their GC before leaving US. Right?
 
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