US citizenship applying GC for parents who are waiting for B2 extension result

O

OMFSmolar

Registered Users (C)
Hi,

I'm a US citizen and I want to apply GC for my parents.
My mom is in the US now. She entered US with a B2 visitor visa last September. I applied a visitor visa extension for her in January 2015. It's been 6 months and we still didn't hear anything back. Her I-94 already expired in March 2015. Can I apply GC for my mom now? Or should I wait till her visa extension result comes out?

My dad entered US in May 2015 on a B2 visitor visa, how long should I wait before I can apply GC for them?

They both can't speak English. Can I accompany them to the interview?

Thank you very much for all your help in advance!
 
Thank you so much for responding.

So it's ok to apply GC for my mom now even if she does not have a valid I-94?

Thanks!
 
OMFSmolar said:
Thank you so much for responding.

So it's ok to apply GC for my mom now even if she does not have a valid I-94?

Thanks!
Click to expand...
Yes. She's in the Immediate Relative category and doesn't need to be in status to apply for AOS.

Note that there might be questions about whether your parents lied when the entered and/or applied for extension because they were not supposed to intend to immigrate at that time.
 
Thanks for getting back. Are those questions being asked during interview?

They've been to the US 6 times on visitor visa. They have good record. Recently I had a baby girl so they agreed that I can apply GC for them.

Do you suggest we find a lawyer for this case? How do we approve they didn't have intention to immigrate when they entered the US?
 
You do not need lawyer or anything. As long as they did not lie to the officer at the port of entry.
They will explain all these if it's asked at the interview. You cannot prove that but if there's no contradictory concrete evidence
(meaning they had intention to stay in the US permanently at that time) they will be fine. This is very routine and
they should not have any difficulty.
 
Thanks Ivnp for your input!

Will I be able to accompany them during interview? They don't speak English. Or do we need to hire a lawyer or translator?

Thanks so much.
 
Yes you can be there in fact you should in case they cross examine you and your parents.
But you cannot do the translation since you have interest. They will appoint a translator or you can bring one that has no interest but verify this with USCIS.
Also for parents interview sometimes they might let you do it since it's not like marriage but in theory they want an impartial translator.
 
Thanks so much for all your help.

As I'm preparing the documents, I noticed that I let my parents get the notary copies of their marriage certificate and no criminal record proof in early May (dates stamped on the copy). My dad came to the US late May and he brought all the documents to me. Is that a problem of suspecting visitor visa fraud? Should I let my parents re-prepare all those documents?

Thank you in advance!
 
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