Need Advise !

E

enjoys1

Registered Users (C)
My parents came to US on visitor visa in Jan' 2007 and got I 94 stamped for 6 months. Then I got their stay extended for another 6 months.

In between my father fell ill and he is not in a position to travel back to india.
Could they overstay here after their I-94 expires and then after that once I get my citizenship (which is still 1yr 6 months away), can I file for their GC.

Please advise.
 
No, they can not stay here legally.

if they have no choice, they should stay (they can not be expected to leave if they are too sick to fly) however you can not just "abuse" the system and keep them here for 18 months just waiting if their health improves, then they should go back.
 
Last edited by a moderator:
There's a thread about your question here. Good luck to your parents. Is there no way for them to stay here legally based on the health situation? Obviously, someone who's too ill to leave the country can't be expected to leave, right?
 
I'm not and don't want to abuse the system.

My father is really ill and cannot travel (it seems till now). I'm hoping he gets better and can fly back, but I'm just looking into all aspects and being too pessimistic.
If he can't travel back, can my parents overstay here and once I get my USC after 18 months , can I file for there GC.

Please don't take it in wrong way, I'm in bad situation here .
 
Is further extension of stay available for medical reasons? I'd explore all the legal options first. Based on the previous thread I linked it would be possible for your parents' overstay to be forgiven, however, risks are attached such as deportation and 3/10 year ban until you petition for them.
 
If your ultimate goal is to file for their GC as soon as you get it. Then you have your answer, overstay will be forgiven.

If the ultimate goal is have your father get better and return to their home country. If they do overstay more than 6 months and less than 1 year they face a 3 year ban. After that you can file for their GC.

If you father gets better in let's say 8 months... and he is well enough to fly back but he continues overstaying (waiting another 10 months until your citizenship) then he is abusing the system.
 
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