Rahul Kumar said:
A beneficiary must be living in the foreign country for that foreign country's embassy (consular wing) to accept the petition. This is rule number 1. If the parents are already here then they sure as hell wont accept it. If you parents overstayed their visas I can guarantee you that the petition will NOT be accepted.
DCF is for the most straightforward of cases only
I disagree with you, Rahul. You
can file a petition for an immediate relative even if he/she is in US.
http://uscis.gov/graphics/howdoi/LPRApplication.htm
Application Procedures:
Becoming a Permanent Resident While in the United States
If you would like to become a lawful permanent resident in the United States, you must file the following items with the U.S. Citizenship and Immigration Services:
Form I-485 Application to Register Permanent Residence or Adjust Status
Please review Supplement A to Form I-485 to see if additional fee requirements apply to you.
Form G-325A Biographic Data Sheet (Between the ages of 14 and 79)
Form I-693 Medical Examination Sheet (not required if you are applying based on continuous residence since before 1972, or if you have had a medical exam based on a fiancé visa)
Two color photos taken within 30 days (Please see USCIS Form I-485 for more instructions on photos.)
Form I-864 Affidavit of Support (completed by the sponsor). (This requirement may not apply to you if you are adjusting to permanent resident status based on an employment petition.)
Form I-765 Authorization for Employment (if seeking employment while case is processed). For more information, see How Do I Get a Work Permit?
Evidence of inspection, admission or parole into the United States (Form I-94, Arrival Departure Record). See How Do I Get an Arrival-Departure Record? for more information.
In addition:
If you have already been approved for an immigrant petition , you must submit a copy of the approval notice sent to you by the USCIS.
If someone else is or has filed a petition for you that, if approved, will make an immigrant number immediately available to you, you must submit a copy of the completed petition that is being filed for you. Such applications include only immediate relative, special immigrant juvenile or special immigrant military petitions. For more information, please see How Do I Get an Immigrant Visa Number?.
http://uscis.gov/graphics/howdoi/lpreligibility.htm
You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you.
Family Member
You are the spouse, parent, unmarried child under age 21, the unmarried son or daughter over age 21, the married son or daughter, or the brother or sister of a United States citizen and have a visa petition approved in your behalf.
Visa Number
If you are a Family- or Employment-based applicant, you must have an immigrant visa number available from the State Department unless you are in a category that is exempt from numerical limitations. Immediate relatives of United States citizens are exempt from this requirement. Immediate relatives of U.S. citizens are parents, spouses, and unmarried children under 21. (
For instance, you can apply to adjust to permanent resident status at the same time that your U.S. citizen daughter files an application for you to become an immigrant.)
Otherwise Eligible Immediate Relatives
If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:
worked without permission,
remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,
failed otherwise to maintain lawful status and with the proper immigration documentation, or
have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).
Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”
