Sponsor Parents - Need Help Please!!!!

[nashor]

Ok, here is the deal.

My parents have been living with me legally in the US for the past two years on a visitor’s visa. They currently hold a 10-year multiple entry visas. My plan has been to sponsor them as soon as I became a citizen. They have remained in status by leaving the country after six months and re-entering. On their latest trip ("western Caribbean cruise"), their I-94 was not replaced and as a result they are now required to leave the US on 1/08/07 if they wish to remain in status.

My wife and I completed our Naturalization interviews on 12/11/06 in Boston. After separate interviews of about 30min each (both passed civics), my wife's application was approved (oath date of 01/08/07) and I was informed that a "decision could not be made at this time". The Officer indicated something relating to an FBI delay. I subsequently called the FBI customer service numbers and was informed that my fingerprint results were returned within 2 days of my fingerprints being submitted (10/14/06).

I think I have the following options:
1. Let me parents return to the home country and return when I am a citizen – Not an ideal option since I would prefer for my parents to remain in the US.
2. File for a visa extension, in hope that my citizenship application would not be held up for an extended period – I am concerned that if their application is denied, they will be required to leave immediately and their 10-year visa would be cancelled.
3. Let my parents go out of status on their visas - I don't know if this is really an option, I don't want to jeopardize their ability to be sponsored for a green card.

I would appreciate your insight as to which is the best option, or what other alternatives exist.

Thank you

 

[Triple Citizen]

There are pros and cons to all three options you have listed.

(1) The upside is, your parents will not fall out of status. The downside is, they may have to wait a few months before you get your oath date. There is also a small risk of being turned away at the POE. DHS will know about your folks being in the US for over two years using their 10 year visas.

(2) Filing for I-539s will ensure that they do not fall out of status, but a rejection will mean immediate departure from the US.

(3) Falling out of status is never a good thing. Once you take your oath, your parents will be deemed immediate relatives. You will be able to file I-130s and I-485s immediately for them. However at the interview they may be given a tough time. The officer MAY reckon that they had intention to apply for GCs throughout the last two years and were waiting for their son to become a US citizen. Could spell trouble.

If I were you, I would not go for any of these options. I would send my parents back home before their I-94s run out and then apply for their GCs via their local Embassy/Consulate. Yes this will mean a prolonged absense (possibly a year), but this is the preferred way as far as USCIS is concerned.
Good luck and choose wisely!!!

 

[Anahit]

(3) Falling out of status is never a good thing. Once you take your oath, your parents will be deemed immediate relatives. You will be able to file I-130s and I-485s immediately for them. However at the interview you they may be given a tough time. The officer MAY reckon that they had intention to apply for GCs throughout the last two years and were waiting for their son to become a US citizen. Could spell trouble.

I don't think you can find one case were the parents of US citizen were given a tough time for overstaying their visa.

 

[Triple Citizen]

Anahit,
Not being able to find a case where it happened does not guarantee that it never will. Are you willing to guarantee 100% to Nashor that such a thing will not happen to his folks? I won't. My original post was not meant to discourage/scare Nashor. I was just pointing out what I see (and it may be totally wrong) as pros and cons of all the options he was considering.

 

[Al Southner]

BE careful...

There are pros and cons to all three options you have listed.

(1) The upside is, your parents will not fall out of status. The downside is, they may have to wait a few months before you get your oath date. There is also a small risk of being turned away at the POE. DHS will know about your folks being in the US for over two years using their 10 year visas.

(2) Filing for I-539s will ensure that they do not fall out of status, but a rejection will mean immediate departure from the US.

(3) Falling out of status is never a good thing. Once you take your oath, your parents will be deemed immediate relatives. You will be able to file I-130s and I-485s immediately for them. However at the interview they may be given a tough time. The officer MAY reckon that they had intention to apply for GCs throughout the last two years and were waiting for their son to become a US citizen. Could spell trouble.

If I were you, I would not go for any of these options. I would send my parents back home before their I-94s run out and then apply for their GCs via their local Embassy/Consulate. Yes this will mean a prolonged absense (possibly a year), but this is the preferred way as far as USCIS is concerned.
Good luck and choose wisely!!!

Triple,

You are wrong on one issue: applying for US citizenship has nothing to do with his parents at all... nada... USCIS investigate the applicant because, NOT his parents legal status. It will be wrong for USCIS to deny him his citizenship because his parents have been in the US as students.. for the last 2 yrs. As such, he is done with the interview and is waiting for his name check to be done and to be invited for an oath ceremony ...

nashor,

If I were you, will not let my parents leave, but there is a risk to this. USCIS loathes and resent people who use their nonimmigrant visa to live in the US. Hence your parents I-94 wasn't renewed....immigration officials sense that they are using their nonimmigrant visa to permanently live here, without filing for immigration petitions. Also, they are in school, which is weird cause you need an F1 or J1 visa to be in school here.

On the other hand, unless there is a reason to believe that you are going to be denied your citizenship, then let them return to your home country within the time frame which USCIS allows. In that way, they don't lose the benefits of their 10 yrs visa to the US because you were hoping to be a US citizen and sponsor them... However, if you want to break the law and let them overstay, be US govt guest and let them do it... However, you better be certain that your citizenship is going to be approved and done the next 3 months, in that way you can sponsor them as soon as itis possible... It seems as if they like to travel a lot, and if they lose their valid status, things could get ugly for them and possibly be picked by ICE... Remember that once deported it is a bit harder to return to the US.... USCIS will give you hell on earth....for the fun of it...

Lastly, should be sworn in as a US citizen, while they are back in their home country, then process their greencard through consular process. DON'T let them come here and file for the green card while in the US or you are going to regret it...

 

[Anahit]

Anahit,
Not being able to find a case where it happened does not guarantee that it never will. Are you willing to guarantee 100% to Nashor that such a thing will not happen to his folks? I won't. My original post was not meant to discourage/scare Nashor. I was just pointing out what I see (and it may be totally wrong) as pros and cons of all the options he was considering.

I agree with your statement. However, I know for a fact they won't be given a hard time for overstaying because overstaying is forgiven to immediate relatives of USC. So, there is no need to send his parents back, even if Nashor is able to file the paperwork in a year.

 

[Al Southner]

Don't be so sure...

I agree with your statement. However, I know for a fact they won't be given a hard time for overstaying because overstaying is forgiven to immediate relatives of USC. So, there is no need to send his parents back, even if Nashor is able to file the paperwork in a year.

Anahit,

Coming to the US on nonimmgrant visa with a immigrantion intent is a big no no for USCIS. As much as he can apply for their AOS, they will have to prove to USCIS that their intentions changed while in the US. In the case, they are going to be in trouble already, they have used their non-immigrant visa to live permanently in the US for the last two years, under the cover of being students...which is a big no no as well...

On a scale of their petitions succeeding and convincing USCIS that their intentions changed...zero success rate in my view. I can see trouble for Nas and his parents in his attempt to get then greencards...

 

[Triple Citizen]

Al,
I never suggested that. I know that one qualifies for citizenship on his own. I was referring to the scenario where his parents go for their AOS interview and they officer MAY grill them accusing them of having immigrant intentions when they entered the US on tourist visas.

Triple,

You are wrong on one issue: applying for US citizenship has nothing to do with his parents at all... nada... USCIS investigate the applicant because, NOT his parents legal status. It will be wrong for USCIS to deny him his citizenship because his parents have been in the US as students.. for the last 2 yrs. As such, he is done with the interview and is waiting for his name check to be done and to be invited for an oath ceremony ...

 

[Al Southner]

well taken and concur...

Al,
I never suggested that. I know that one qualifies for citizenship on his own. I was referring to the scenario where his parents go for their AOS interview and they officer MAY grill them accusing them of having immigrant intentions when they entered the US on tourist visas.

Triple...

We are on the same page there... I might have read too much into your post and misread its...

Actually, I totally agree with you.... Nashor's parents are threading on dangerous ground trying to do AOS while on visitor's visa. I can assure you they are going to experience hell on earth with USCIS, especially since they have been living in the US under the pretense of being students while on a tourist visa...

However, the fun part of all of this, Nas has to make a decision on what will best for his parents. We can share advise and suggestion, but they are ones who have to experience the shrewdness of USCIS..

 

[Triple Citizen]

Al,
Yes it is Nashor's decision. I personally would not attempt AOS because of the two years stay in the US on B-2 status. Not worth the risk in my books. I wish good luck to Nashor and his folks.

 

[Anahit]

Anahit,

Coming to the US on nonimmgrant visa with a immigrantion intent is a big no no for USCIS. As much as he can apply for their AOS, they will have to prove to USCIS that their intentions changed while in the US. In the case, they are going to be in trouble already, they have used their non-immigrant visa to live permanently in the US for the last two years, under the cover of being students...which is a big no no as well...

On a scale of their petitions succeeding and convincing USCIS that their intentions changed...zero success rate in my view. I can see trouble for Nas and his parents in his attempt to get then greencards...

Who said they came with an immigration intent? Changing intentions is human, and could happen to anyone. I don't know where you read about them being students, and I don't know how relevant it is, but I really don't see any problem for their overstaying and doing AOS.

 

[TheRealCanadian]

I can assure you they are going to experience hell on earth with USCIS, especially since they have been living in the US under the pretense of being students while on a tourist visa...

There is no prohibition whatsoever against adjusting status to permanent residency from B status. My wife did it and we never had a single problem, even at an interview. It is established legal precedent that intent is allowed to change, and if a person enters in B status with valid non-immigrant intent, the fact that he or she adjusted status later does not automatically assume that they had immigrant intent at the time of entry.

It depends a fair deal on the length of time between admission in non-immigrant status and the adjustment filing, but if it is several months then I do not see much of an issue.

 

[nashor]

Update

Thank you - I really appreciate all the discussion on my problem. Just for clarification, my parents were NEVER students. They retained their status by traveling extensively over the last 2 year. They went on a 4/5 cruises originating in the US and each time they return they were given a new I-94.

Anyway, based on some additional research, I found the a document on the www.uscis.gov website titled "Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States?". This document contains a section that reads:

Otherwise Eligible Immediate Relatives
If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

- worked without permission,
- remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,
- failed otherwise to maintain lawful status and with the proper immigration documentation, or
- have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Based on the above statement, I believe that my parents will be OK. Is their any reason why my parent will not qualify under this statement.

Furthermore, I have consulted 3 attorneys since Monday. Attorney 1 and 2 suggested that my parents "do nothing - don't leave the country, do not file for an extension". Attorney 3 suggest that my parents leave before their I-94 expires and I should file for them in when I once I am a citizen. I have a follow-up consultation with Attorney 2 tomorrow, who wants to look at the stamps in my parents passport.

Will keep you posted.

Thank you

 

[TheRealCanadian]

Attorney 3 suggest that my parents leave before their I-94 expires and I should file for them in when I once I am a citizen. I have a follow-up consultation with Attorney 2 tomorrow, who wants to look at the stamps in my parents passport.

I am confused at both of these courses of action.

If your parents were legally admitted into the US in B status (ie. have an I-94 indicating so) and it has been over 90 days, then there should be no issue of them applying for adjustment of status once you become a citizen.

If you do not become a citizen by the time their I-94s expire, things become a little more complex in that for me to tell you to let them stay in the US would be advocating a violation of immigration law. However, I will point out that should your naturalization be approved, then you can file an I-130/485 for them and they will be approved without any issue, so long as they do not leave the US after their I-94s are expied for 180 days or more and the 3/10 year bars kick in.

Where there is some risk is if you fail the exam for naturalization and they are overstaying the I-94 by over 180 days; at that point they face a re-entry bar with no immediate prospects for you petitioning them under a category that forgives the overstay. In light of this possibility, what Attorney #3 has to say has some validity, especially if they want to travel abroad in the next year or so.

 

[nashor]

Approved for Naturalization

I received my approval for naturalization by mail on 01/09/07. My oath date is 01/25/07.

I plan on doing concurrent filing for my parents on 1/26/09.

Thanks everyone for all the help - i really appreciate it

Nashor

 

[Anahit]

I received my approval for naturalization by mail on 01/09/07. My oath date is 01/25/07.

I plan on doing concurrent filing for my parents on 1/26/09.

Thanks everyone for all the help - i really appreciate it

Nashor

Make sure to make copies of your certificate before you send it to get your passport. You're going to need them for filing your parents' paperwork.
Good luck!