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

Immi2001

Registered Users (C)
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
 
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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