Need advice: Filing greencard for parents here on F1 status

A

atlantabhopali

Registered Users (C)
Gurus and friends,

Posting here after a long time. I want your advise on whether the following is feasible:

- Currently, parents are here on visit visa
- Mom wants to enroll in a college program that will give her F1 status (I-120) and put dad on F4 status for 1 year. They do not plan to visit back home during this time and hence will not need to get F1/F4 stamped.
- After my citizenship is approved (expected next year), I can file for there greencard and transition them from the F1/F4 status to "pending AOS" if they are interested in being here fulltime.

Do you see any issues with this approach? Can we file 485 from F1 status?

Appreciate your inputs.

- ab
 
atlantabhopali said:
Mom wants to enroll in a college program that will give her F1 status (I-120) and put dad on F4 status for 1 year. They do not plan to visit back home during this time and hence will not need to get F1/F4 stamped.
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Two problems. 1: Your mother cannot switch from B to F status unless she clearly indicated that intent at the POE and had her I-94 annotated accordingly. After 9/11, USCIS will not allow B to F COS within the US. They'll need to get a visa stamp outside. 2: There is no F-4 status. Your father will want an F-2 visa.
 
Another problem is that this all smells awfully like trying to avoid getting an immigrant visa abroad and your parents might be accused of immigration fraud (entering the US on a visitor visa under false pretense) when applying for AOS. Why not go the proper route? Apply for I-130 and have them do consular processing.
 
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