QUESTION

Can I petition my parents if I just became a US citizen last month?

Asked on Jan 31st, 2015 on Immigration - Texas
More details to this question:
I became a US citizen last month. My parents are visiting the US in visitor visa. I would like to know if I can file a green card petition right now? Also they still have a five month visitor visa to stay in USA, so what will happen in case the petition takes more than five months? I am concerned that they won't be overstayed and undocumented. Your answer is highly appreciated. Thank you so much.
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4 ANSWERS

Bruce A. Coane
It's all very complicated, but by hiring a qualified lawyer you can get all accomplished without a problem, normally. There's a lot more to file than a simple petition if you want them to get a green card while they are here. Also, you can file the same day you become a USA citizen. There is no waiting period.
Answered on Feb 03rd, 2015 at 4:42 AM

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Immigration Law Attorney serving Atlanta, GA
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In general, after an adult becomes a naturalized U.S. citizen, the citizen may apply for his/her parents to adjust status to become Lawful Permanent Residents (to get "Green Cards") if the parents entered the U.S. lawfully and with inspection. This is true regardless of whether the parents may have overstayed their visas. Also, immediately upon filing an adjustment of status application, the beneficiary's new status becomes "applicant for permanent residency," which authorizes the beneficiary to remain in the U.S. while the case is pending, regardless of the expiration date of the previous visa. Note, however, that where the parents entered the U.S. with visitor visas (or certain other temporary/nonimmigrant visas), an application filed very soon after entry may create significant problems. Visitor visas are for people who genuinely intend to enter the U.S. to stay temporarily in compliance with their visas and then depart. When an adjustment of status application is filed very soon after entry, it may appear that they entered with the actual intention of applying to adjust status and remain permanently. There then becomes a risk that the USIC could view the use of a visitor's visa as constituting visa fraud, with very harsh consequences. It would be wise to engage an immigration attorney who, upon learning all of the relevant facts about your parents and their immigration-related history, will be able to advise about immigration eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Feb 02nd, 2015 at 2:20 PM

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Immigration Law Attorney serving Glendale, CA at Law Office of Josue S. Villanueva
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Yes but be careful.
Answered on Feb 02nd, 2015 at 1:43 PM

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Business Immigration Attorney serving Houston, TX at Quan Law Group, PLLC
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Yes, you can now petition for them. You can also request an extension of their visitor status if you do not want their stay to expire.
Answered on Feb 02nd, 2015 at 1:42 PM

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