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GC for parents with expired tourist visa

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  • GC for parents with expired tourist visa

    As a US citizen, can I apply for GC for my parents who are in the US? They have expired tourist visas and expired I-94? They have been here for 3 years and I was thinking that I could file I-130 with I-485. Instructions for I-485 say that a person who has expired his stay in the US cannot file this form. Does anyone know what is the best approach in my situation? And how long this may take?

    Thank you.

  • #2
    You could file for your parents while in the US because for what I understand immediately relatives are legible for AOS even on expire visa,expire I-94 or even being illegal ....has long they entered the US legally...I do not know the specifics but you should have just a consult with a immigration attorney and after you can do the process yourself...!

    Best of Luck...

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