Citizen son to apply GC for parents ,

applyforcitizen said:
Do they have to be in a valid non-immigration status during the I-130/I-485process?
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No. Immigration laws are only for those individuals who don't have US citizen children or spouses. :)
 
JoeF,

Actually, overstays are forgiven for immediate relatives.

Then, what is the difference, if citizen son applies GC for illegally staying parents, verses applying GC for parents holding valid B-2 visa?
 
Of coruse, they should not leave the country until the I-485 is approved.

Also, what status are they in during I-130/I485 pending assuming B-2 expires?
 
JoeF, please help me understand your point.

Case 1)
Parents have valid B-2 visas, during B-2 valid period, I-130/I-485 are filed (I assume I-130 AND I-485 can file together, correct me if I am wrong), in this case, it does not matter if B-2 expires or not, parents are in legal status, “pending AOS”.

Case 2)
Parents’s B-2 visas expire, within overstay 180 days, I-130/I-485 are filed, parents are still in legal status since they overstay less than 180 days.

Case 3)
Parents’s B-2 visas expire, AFTER overstay 180 days, I-130/I-485 are filed, parents are subjected to 3 years ban. If they don’t leave US, they will be fine. I-485 is most likely approved.

In sum, as long as parents stay in US, no matter non-immigration visas valid or invalid, they are going to be OK as long as I-485 is approved, which is very likely.

Thank you
 
One question regarding family base immigration priority date per visa bulletin

Why are US citizen’s children subjected to priority date while US citizen’s parents are not?

Are they both immediate relatives of US citizen?
 
Why are US citizen’s children subjected to priority date while US citizen’s parents are not?

Are they both immediate relatives of US citizen?

Thanks, JoeF.

Also, I heard that if parents overstay over 180 days, they need to pay $1000 fine when filing I-485, do you have any info. on that?
 
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