AOS for parents in US already

[mwm7864]

Hello All,
A brief history my parents came to US around 22 years ago they filled for Asylum it got approved but Judgment was like they can live and work legally but no green card.
Now I will be turning 21 in December wanted to know the process to adjust their status to permanent resident so far I know need to fill I130+I485+I765 anything else??
Also I have heard some petition you can file 90 days before like if I’m turning 21 in December can I apply for them in September???
please I will be waiting for your advice!!!!!

[azblk]

You are going to need a good lawyer for this. What your re referring to is called withholding of removal and they can not adjust their status from WOR. They will need to get their removal case reopened before they can adjust their status. You will have to wait until you are 21 or older to file for them. You can prepare the i-130 and submit it on your 21st birthday.

[mwm7864]

Thank you so much for replying I think I’ll have to dig-up his judgment documents will update after if he’s in WOR getting a lawyer will really help ???

[azblk]

Thank you so much for replying I think I’ll have to dig-up his judgment documents will update after if he’s in WOR getting a lawyer will really help ???

Yes, a lawyer will definitely help and anything involving removal is not something you want to try yourself as the consequences of failing can be pretty dire.

The reason you need a lawyer is to reopen your parents removal case. After the case gets reopened the judge will then allow you to your parent to file i-485 to AOS his status. Since he has already been working legally for 22 years he most likely has over 40 quarters of social security and does not need a affidavit of support. What you should do is file an i-130 for him regardless the moment you turn 21. After the i-130 is approved then you can work on reopening his removal case and if you succeed then he can file i-485.

[mwm7864]

Yes he’s gotten WOR so I’ll just file I130 first then Hiroshima Lawer and get that case open like you said thank you so much for helping had no idea

[mwm7864]

Hi, the withholding case was reopened and terminated by immigration judge, can we file i-485 with USCIS ourselves, the I-130 has been approved already.