GC for parents whose extension is denied

[shri ganesh]

Hello,

My parents' extension of stay was denied and hence they have "overstayed" the I-94 date. They have been given 30 days to depart.

Since I am a US citizen, I was wondering if I could file for their I-130/I-485. I realize that I-485A is not required but I am not sure if they cannot apply for AOS since they "overstayed". < 2 months (instructions for I-485 state that person who overstay is not eligible to adjust status - what's I-485A is for then?).

What's the difference between "overstaying" and "not maintaining your immigrant status"? does overstaying automatically not translate to the the other?

Once applied, will they be given advanced parole to leave the country for travel to India?

how long does it take to get advanced parole?

I am planning to send I-130/I-485/I-131 all together to Chicago.

Thank you.

Amit

 

[LucyMO]

they can apply for AOS. The sooner the better in this case.

instructions for I-485 state that person who overstay is not eligible to adjust status

unless they are an immediate relative of a US citizen. which they are.

What's the difference between "overstaying" and "not maintaining your immigrant status"? does overstaying automatically not translate to the the other?

same thing.

Once applied, will they be given advanced parole to leave the country for travel to India?

they should stay until they get a GC. If they want to leave, then apply for consular processing. Will be cheaper in a long run.