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  • Change of status on Visit visa

    I am a green card holder and will be taking my citizenship this month.My parents are with me on a visitors visa and I want to file for thier green card after I recieve my citizenship.
    I have a few questions regarding there change of status.
    Can I file thier green card when they are on a visitor visa.
    Can I file thier change of status even if thier time of 6 months of stay is over.
    My parents came to U.S in the month of Dec and thier 6 months of visitors visa is expiring on Jun 12th.I am taking my citizenship on May 29th after which can can I file thier change of status even if ther overstay.
    Please advise should I apply for an extension or should I directly apply for thier green card even if they are out of status cause I came to know that after interview it may take couple of weeks for the citizenship and my interview is on May29th and their visitors visa is expiring on Jun12th.

    Thank you.

  • #2
    As long as they entered legally, their AOS can be filed as immediate family members. But the filing before the I-94 expires will make it easy. If filed after I-94 expires, it will cause more problems and expenses in terms of legal fees etc to answer RFEs etc. It is not recommended but is possible.

    Wait for opinion on other experts.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      i have the same question, since i am going thru same situation right now. If you have tried to apply..can you please give some feedback.

      thanks

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