Applying Green Card for parents

M

monicasgupta

New Member
Hi All, my parents are visiting us in USA in the month of Jun 2023. I want to file their adjust of status. If someone can help answer below question.

1) They are coming in June first week. Can I file their AOS immediately or wait for certain time?

3) Is it recommended to file below all forms concurrently?

I-130 - Petition
I-485 - Adjustment of status
I-I131 - Advanced Parole
I-864 - Affidavit of support
I-693 - Medical

Is there any forms missing?

I really appreciate if someone can answer these two questions

Thanks
Monica
 
Planning to bring your parents to the US and subsequently file AOS for them is a fraudulent use of a NIV. It is frowned upon, this forum cannot provide guidance to your specific questions above.

Since your parents are currently not in the US, file the I-130, and plan on them going through consular processing like all other they applicants currently not in the US.
 
Thanks for your response but I am not able to understand how is it fraudulent?! Then why USCIS is allowing to file for AOS status? Many posts I saw in this forum asking similar questions.
 
AOS is meant for people already inside the US when the decision to file for AOS was made. The opportunity to file for AOS is not for someone entering the US on a NIV with a preconceived intent of adjusting status. It is fraudulent because when CBP ask your parents what is the purpose of their trip, they most likely will say they’re visiting their child, they will not declare the plan to subsequently file for AOS as they will not be admitted into the US if that plan was disclosed upfront. A visitor’s visa is meant for visiting, not for visiting while already planning on staying back to adjust status. It will be a different case if the decision to stay back and adjust status was made due to a change in circumstances after entering the US.
 
And the fact remains anyone who enters the US with a preconceived intent of filing for AOS is engaging in a fraudulent act.
 
How can anyone prove that while entering US on visitor has no intention to stay permanently? But after 90 days staying in US decided to do AOS.
 
Hello Sm1mom I have a question. I am US citizen , can I file petition for my parents concurrent with I-485. To clear my question here is the situation: my parents came to us legally and overstayed their I-94 for 2 years . Since they are my immediate family will their overstay automatically be a denial for petition ?
 
Kamila1991 said:
Hello Sm1mom I have a question. I am US citizen , can I file petition for my parents concurrent with I-485. To clear my question here is the situation: my parents came to us legally and overstayed their I-94 for 2 years . Since they are my immediate family will their overstay automatically be a denial for petition ?
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Their being out of status has no effect on their Adjustment of Status, since they are in the Immediate Relative category. How long they were out of status also doesn't matter.
 
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