Apply for GC for Parents - Too close to Visa expiration

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njain1

Registered Users (C)
I am planning to apply for my parents GC, while they are here with me.

Their I-94 expires on Jan 30th, 2008. THey have 10 year multiple entry Visa that expires in 2009.

I have my Oath Ceremony on Jan 23rd, 2008.

Should I apply for Visa extension or should I just apply for GC with the hope that I get receipt date of Jan 30th or before, so that they are not out of status.

Thanks,

-Naveen
 
Wait for the oath.

Even if they become out of status for a few days, their "overstay" will be forgiven. They may be questioned about their use of a visitor visa for AOS, but either way. Just do not waste your money on an extension that will very likely be denied.
 
njain1 said:
I am planning to apply for my parents GC, while they are here with me.

Their I-94 expires on Jan 30th, 2008. THey have 10 year multiple entry Visa that expires in 2009.

I have my Oath Ceremony on Jan 23rd, 2008.

Should I apply for Visa extension or should I just apply for GC with the hope that I get receipt date of Jan 30th or before, so that they are not out of status.

Thanks,

-Naveen
Click to expand...

I would suggest you file for an extension of their I-94 and also cross check with a lawyer just to be sure. IIRC as far as USCIS receives your parents application for permanent residence before their I-94 expires they will be considered to be in status. It's a question of a few hundred dollars.
 
It sound to me like your parents may have immigrant intent. Filing for a visitor visa extension that requires nonimmigrant intent while someone in fact has immigrant intent can later be construed as immigration fraud. Applying for this extension would be no different than them entering the country using a vistor visa with the goal to apply for a green card. So, if you do apply for an extension, be sure your parents do not have immigrant intent.
 
Thanks for all your responses. For now, I am looking to not file for extension but directly file for GC. Hopefully, we will get the receipt date of before Jan 30th.
 
austriacus said:
It sound to me like your parents may have immigrant intent. Filing for a visitor visa extension that requires nonimmigrant intent while someone in fact has immigrant intent can later be construed as immigration fraud. Applying for this extension would be no different than them entering the country using a vistor visa with the goal to apply for a green card. So, if you do apply for an extension, be sure your parents do not have immigrant intent.
Click to expand...

I totally forgot about the Immigrant intent :)
 
Regardless of whether USCIS gets the applications before or after Jan 30th, you folks should be fine. The only possible issue might be during the AOS interview with regards to immigration intent during their visa application and POE entry.

njain1 said:
Thanks for all your responses. For now, I am looking to not file for extension but directly file for GC. Hopefully, we will get the receipt date of before Jan 30th.
Click to expand...
 
njain1, this is probably the right decision in your case. You'll have a whole week for the USCIS to receive your paperwork. Be sure to send it registered mail return receipt requested (or a more fancier version of that if you wish) so you have your own proof of filing and a date of delivery in a timely manner.
 
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