AOS for aged parents

[verbose]

Parents are currently in US. Arrived on B-2, stay is allowed till Sep 5. Preparing AOS application and expect to file by July 20.

1. Should I extend their stay beyond Sep 5 first?
2. How long is Extension of Stay application expected to take?
3. Will the public charge rule apply to them (even when they are already in US and applying for AOS)?

Thanks.

[longee94]

I would be very careful about applying for AOS if they are here on a B-2 visitor visa. USCIS could deem them to have had immigrant intent (despite the B-2 being a non-immigrant visa) which would result in a denial.

[catparade]

B-2 visa is only for non-immigrant intent, so you should probably ask an immigration attorney about your parents' specific situation. Filing an Extension of Stay when they have the intent to file for AOS and stay as permanent residents sounds like it would be a misrepresentation, since B-2 visa is non-immigrant intent only. Furthermore, it's unclear that your parents qualify for AOS since they're on a nonimmigrant B-2 visa.

Did something change between when they entered the US on the B-2 and now that makes them eligible for AOS? Or did they have "immigrant intent" all along?

This is a complex area of immigration policy with concepts like "fraudulent misrepresentation" and "preconceived intent" that need to be considered. Definitely consult an immigration attorney or do some thorough research before proceeding.

[verbose]

Thanks. Already researched applying for AOS while on B-2. Not expected to be a problem for parents.
Also, they are already past the 90-days and haven't used any public benefits.

[newacct]

1. definitely not
3. yes

[verbose]

Thanks newacct and others for your inputs.
Sounds like proceeding with AOS is the best course of action.

Per the age and health insurance requirements, it seems that elder immigrants with preexisting conditions can have problems and will have these factors weigh against them.

Anyone had experience applying for parents in such situation. As their sponsor, I have a stable high paying job with robust income and can provide Affidavit of Support comfortably covering the requirements.

But, how important is that parents have their own source of income (they are retired/unemployed now so this is not feasible!) or demonstrate substantial assets?

Thanks for sharing your personal experiences.