Q: When to apply for Permanent residency for parent?
My father,84, will be visiting USA from India on July on B-2 visa that he already has. To apply for his PR, should I apply I-130 now (while he is in India) or file I-130 along with I-485 together when he is here in July? In the latter case, can he continue to stay in US beyond 6 months since his I-485 is applied?
it won’t be easy for my father to go back and live alone after his 6 months are done, so looking for best option.
A: Once your father has arrived, the law permits him to file the green card application at the same time as you file the visa petition. That is also the quicker way to go. Once the application is filed, it is assumed (in fact, required) that he stay in the US until it is approved.
1 user found this answer helpful
A:
If your parent is intending to obtain U.S. resident status then the plan to enter the U.S. with the B-1/B-2 is misguided in that he is an intending immigrant claiming to be a visitor.
You need to file the FORM I-130 and have your parent apply for the immigrant visa at the U.S. consulate in the home country.
A:
If your parent is intending to obtain U.S. resident status then the plan to enter the U.S. with the B-1/B-2 is misguided in that he is an intending immigrant claiming to be a visitor.
You need to file the FORM I-130 and have your parent apply for the immigrant visa at the U.S. consulate in the home country.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
