Should I use I-485 for my parents' application?

Immi2001

Registered Users (C)
#1
I just received citizenship and am about to file application for my parents' green card. The issue is they have been out of status for over a year. They came to the states as B-2 visitors. They are with me now.

I went over I-485 instructions about eligibility to adjust status, and it says you are not eligible to adjust status if: Your authorized stay experied, or you failed to maintain your monimmigrations status;

So my question is: since their stay have expired and they failed to maintain status, can they use I-485 to file for adjust status? if not, what forms should they use? or are they just ineligible at all?

Thanks for your help
immi2001
 
#2
Since they are immediate relatives (parents) of an US citizen (you) their overstay will be forgiven.

Filing I-485 is pretty much the ONLY way, they will get a GC. Because if they leave the USA before their I-485 is approved, they will face a 10 year bar from returning to the USA. So make sure they do not leave the USA until they get their GC... even with an approved, I-131 Advance Parole, they must remain here until their AOS is finished.
 
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