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  • Want to sponsor parents

    Hello,
    I will be US citizen in April. I want to sponsor my parents for Green Card. My parents are here in USA on visitor visa with me and they are leaving in 2 weeks.
    My question, is it batter to file for their green card when they are in home country (India) or if they come back to USA on visitor visa again after i become US citizen and while they are here in USA on visitor visa ( supposibly May, June 2017) , can I file for their green card?
    Please, advise.

  • #2
    They will likely be denied entry if they try to enter on visitor visa with intent to do Adjustment of Status during that stay.

    Since they are already here, the fastest way would be for them to stay here and not leave, and file when you become a citizen, and for them to not leave the US until they get Advance Parole or green card.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      They will likely be denied entry if they try to enter on visitor visa with intent to do Adjustment of Status during that stay.

      Since they are already here, the fastest way would be for them to stay here and not leave, and file when you become a citizen, and for them to not leave the US until they get Advance Parole or green card.
      Thank you for your answer!
      but their 6 months period is getting over soon. So, its better to file for their GC while they are in India ?

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      • #4
        Originally posted by 5Star View Post
        but their 6 months period is getting over soon.
        But if they are going to apply for green cards anyway, they might as well just stay and wait for you to become a citizen. As they are in the Immediate Relative category (spouse, under-21 unmarried child, or parent of US citizen), they do not need to be in status to apply for Adjustment of Status.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Originally posted by newacct View Post
          But if they are going to apply for green cards anyway, they might as well just stay and wait for you to become a citizen. As they are in the Immediate Relative category (spouse, under-21 unmarried child, or parent of US citizen), they do not need to be in status to apply for Adjustment of Status.
          thank you!!

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