QUESTION
What can be done if senior parents visa petition to extend was denied and they overstayed can they adjust their status?
Asked on Apr 21st, 2014 on Immigration - New York
More details to this question:
Parents 84 and 78 entered US on B2 visa in 2008. Petition to extend was denied so they overstayed can they adjust their status? Visas have expired.
5 ANSWERS
Yes, you can petition for them if you are a US citizen and they entered the US lawfully.
Answered on Apr 24th, 2014 at 12:55 PM
Adebola O. Asekun
If you are a U.S. citizen and you are petitioning for your parents, you'd be glad to hear that as long as your parents initially entered the U.S. with B-2 visas even if since expired, your parents can still adjust their status and their years of unlawful presence will not stand in their way.
Answered on Apr 22nd, 2014 at 9:28 PM
Employment & Labor Attorney serving Culver City, CA
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Law Offices of Christine Green
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If you are a US citizen and you petition for your parents, they are considered immediate relatives and their overstay will be forgiven since they entered on a visa. They will be able to adjust status in the U.S. Work with an experienced immigration attorney to guide you through the process.
Answered on Apr 22nd, 2014 at 2:16 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes. They can still apply for adjustment of status, even if their visas and authorized stay have expired, as long as they are applying on the basis of I-130's that were filed by a US citizen son or daughter.
Answered on Apr 22nd, 2014 at 10:48 AM
If they have a US citizen son or daughter over 21 who is petitioning for them.
Answered on Apr 22nd, 2014 at 10:47 AM