Parents greencard process when they are in USA on visitor's visa?
I am a US citizen and already applied for I-130 for them and received the acknowledgement (not the visa number) from USCIS.
I think it will take time to process this application.
So, my questions are : 1) Do my parents has to go back to their home country(Inida) before their I-94 expires?
2) Is there any option to make them to stay back in USA by applying for visiting visa extension?
3) When I applied for I-30 I got the acknoledgement from the UCISC saying that they got the informations.
Can my parents stay in USA with this information? Please advise..
I wanna make sure that they can stay here until they get the greencard. Also it won't have any adverse affect on the processing of the greencard. Does anyone know any specific website that talks about these guidelines or any documents?
Answer:
I would think that by them overstaying illegally that they would no longer be elegible for a green card when the time came because they would have been in this country illegally.
They would have to apply for an extension. But it sounds like they won't get it in time (do try, though). if the I-130 is the extension (I don't remember off hand) and by acknowledgment you mean they sent you a letter stating they got the application, then that's not good enough for them to stay. If they don't go back on the agreed upon date of their return, it will invalidate the green card request and they will be turned down for a green card if caught. Good luck!
(Oh, look into one of the additional applications for emergency stay like death in family, family emergency and the like to get additional time...but only do this if your SURE they'll be approved, and you can prove something that can pass for an emergency (you'll need proof!). Be wary though, they aren't stupid (well...to stupid) and if caught out, it will effect there application status.
Yes, they have to leave by the date on the I-94
No, there's no option for them to stay while the I-130 is processed.
Yes, you can apply for an extension on the I-94 date.
No, they can't stay. I'm surprised they were given a visitor's visa considering the fact that they are the subject of an I-130 petition. The questions you are asking is why the visitor's visa is normally denied. They come here and want to stay.
Whatever you do, don't let them fall into an "overstay" status. You'll really mess up their chances to get immigrant visas under the I-130 petitions you filed for them.
Yes they have to go back, that is very important.
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