Can they get GreenCard?

H

hlin4

Registered Users (C)
Hi Friends,
Got a new question need you guys to clarify.
My friend's parents came in US from China in 2000/Nov, suppose they should go back to China before 2001/Nov, but for some reasons, they didn't go back to China, and still stay in U.S.
The reason why they didn't go back is --- my friend was applying for U.S citizenship then, and he told me after he got his citizenship, he can apply GreenCard for his parents, though now his parents are illegally staying in U.S. And, he will get citizenship very soon.
Since INS has changed into BCIS, so my friend wants to get confirmation for his plan.
Could anyone confirm that his parents can get GreenCard without problem after my friend gets his citizenship? If there's no problem, how long does that take?
This is very important for his parents to get GreenCard, because they have stayed in US out of the visa expiration date.
Greatly appreciate any idea for this issue.

Many Many thanks form Hai, NJ
 
They will get it once he gets his citizenship. It is immediate. Probably they need to apply for I-130 and they can also apply I-1485 concurrent.
 
Surprised to see someone intentionally breaking the law. If I am the director of BCIS, I will not approve their application due to their illegal stay.
 
Serious Problem

This could be a serious problem when applying for Greencard. A previous immigration history must be given, just like employment-based applicants.

I think they are facing a 10-year bar from entering US. Consult with a lawyer.
 
Cool down friends. In family based immigration they wont do that kind of stuff. Even if they are out status but direct relatives of citizen then they will not face the much of the problems. If they go out of country they have to request for wavier. They can prove the hardship they will face. They will get green card without any problem. Anybody watches immigration show that comes on TV Asia every Sunday 5 PM EST? There are tons of people doing this kind of stuff. There is attorney Called Mr.Suresh Dalal from NJ ,he give the information on this show.

hlin4
You need to ask such questions of Family based forums. You will get proper answer. Or Ask on forum of ILW.COM discussion board. You will get good answer for Family based issues.
 
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I think there

will be issues:
You are commiting a crime by knowingly harbouring and encouraging illegal immigration...............................................
 
further it is not immediate

there is a waiting line and date for it. on current processing times it would take anywhere between 5 to 10 years i think. it is not that you apply and they just give you specially as it is not wife or kids

that is my opinion
 
For parents No waiting period. Parents are direct releatives. Citizens parents need not wait. Only thing they should not go out of country.
 
Thanks

Thanks a lot. Guys. You guys' replies are really helpful.

Especially for tammy2, I will go to ILW.COM for family based GreenCard.

P.S tombaan
I am struggling for I-485, not mention to get citizenship:)
 
Just to let you know, parents are not immediate these days. My close friend got his citizenship two years ago and applied for his parents. His parents are back home. It is saying it will take 990-999 days, just like I-485. So I would say it will take around that time, but I do believe that since they are already here and if they can prove, going out of the country and then coming back will cause hardship, I think they might be able to stay here and get it processed. Get a good attorney to present the case.

This is my opinion from what I know, don't take this as legal advise.
 
fairgame

Where are they? If they are in India they have go to New Delhi and apply for I-130 their. They can come here within 4 to 5 months. They should not apply at Bombay /Chennai/Calcutta.

Believe me one my friend did this recently. It worked out.

And do not take it as Legal advice.
 
Sorry to say but it is because of people like these that our parents face so many problmes just to get a visitors VISA.

One of my friends Parents was rejected 3 times !!! The officers in the Embassy say that "YOU will never return " so NO Visitor VISA !!
 
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