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Hello all,
I want to apply for a green card for my dad, but the situation is kind of unusual.
My father lives in China most of the year, and has done so since maybe 2008. He has Canadian citizenship (immigrated to Canada from China in the 1990s, and became naturalized). China does not recognize dual citizenship, so he no longer has Chinese citizenship. He's been living in China on a work visa.
My mother lives in California and has Canadian Citizenship and US permanent residency, which I petitioned for her also. She has not gotten US citizenship yet, so she can't apply on behalf of my dad. He has been staying with her in California since December 2019, visiting for the holidays. His flight back to China, in mid-February, was canceled due to the coronavirus outbreak. His Chinese work visa expires in April, and they refuse to renew it, his relatives back in China have been trying desperately to get it renewed but they just will not renew it (because of his Canadian citizenship). Renouncing his Canadian citizenship would take too long to help in this case.
On top of this, he can only stay in the US for six months as a visitor. That expires in June. That means that he will have nowhere to go then, except Canada, where he hasn't lived since 1998.
So, my question is: will my dad be allowed to stay in the US once I petition for permanent residency for him? Or will he have to leave once the six months is up? My hope is that he can stay here while the petition is pending, however long that may take. Also, is it a problem that he is already in the country? I applied for my mother in 2015, but she was here on a work visa so she wasn't in danger of being deported. I don't know if it works differently if your parent is already in the US, but not on a work visa.
Lastly, are there any different forms I need to fill out? Would it just be the I-130? Or is there something else I need to submit?
EDIT: Also, is it going to be an issue that we're not part of the same household? I live/work in Seattle, WA. My mother is able to support him in CA, but I'm the one petitioning for him. I can still fill out the affidavit of support, but I don't know how that works exactly when we're living in separate states.
Thanks in advance for any help!!
I want to apply for a green card for my dad, but the situation is kind of unusual.
My father lives in China most of the year, and has done so since maybe 2008. He has Canadian citizenship (immigrated to Canada from China in the 1990s, and became naturalized). China does not recognize dual citizenship, so he no longer has Chinese citizenship. He's been living in China on a work visa.
My mother lives in California and has Canadian Citizenship and US permanent residency, which I petitioned for her also. She has not gotten US citizenship yet, so she can't apply on behalf of my dad. He has been staying with her in California since December 2019, visiting for the holidays. His flight back to China, in mid-February, was canceled due to the coronavirus outbreak. His Chinese work visa expires in April, and they refuse to renew it, his relatives back in China have been trying desperately to get it renewed but they just will not renew it (because of his Canadian citizenship). Renouncing his Canadian citizenship would take too long to help in this case.
On top of this, he can only stay in the US for six months as a visitor. That expires in June. That means that he will have nowhere to go then, except Canada, where he hasn't lived since 1998.
So, my question is: will my dad be allowed to stay in the US once I petition for permanent residency for him? Or will he have to leave once the six months is up? My hope is that he can stay here while the petition is pending, however long that may take. Also, is it a problem that he is already in the country? I applied for my mother in 2015, but she was here on a work visa so she wasn't in danger of being deported. I don't know if it works differently if your parent is already in the US, but not on a work visa.
Lastly, are there any different forms I need to fill out? Would it just be the I-130? Or is there something else I need to submit?
EDIT: Also, is it going to be an issue that we're not part of the same household? I live/work in Seattle, WA. My mother is able to support him in CA, but I'm the one petitioning for him. I can still fill out the affidavit of support, but I don't know how that works exactly when we're living in separate states.
Thanks in advance for any help!!
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