Q: If a person is a citizen and has parents who are over 70 years of age
If a person is a citizen and has parents who are over 70 years of age, who came into the Country legally, with a tourist visa, but then the visa expired. Can the citizen apply for the parents to have a permanent visa or citizenship?
A:
The U.S. citizen son or daughter can file an immediate relative petition, FORM I-130, on behalf of the parents. A FORM I -485 can be filed by each of the parents if they have lawfully entered the U. S. and if they are otherwise admissible.
An experienced immigration attorney can assist you with the process.
Stephen Arnold Black agrees with this answer
1 user found this answer helpful
A: The answer is absolutely yes. A US citizen over 21 can file for their parents and as long as parents entered the country legally, they can adjust status to get green cards despite that their tourist visas have expired. The new law requires each parent to file a declaration of self sufficiency as well as you filing an affidavit of financial sponsorship. Consider working with an attorney to help you. Some of us charge a very affordable flat fee for representation from start to finish.
1 user found this answer helpful
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.
