Can My Parents Stay in the U.S. While Applying for a Green Card?

Navigating the U.S. immigration process can be complex, especially when it involves family members like parents. If you’re a U.S. citizen or permanent resident considering sponsoring your parents for a green card, one key question often arises: Can they stay in the U.S. while their application is pending? This article breaks down the essential aspects of this process, including eligibility, necessary steps, and important considerations.

Eligibility for Parents to Stay in the U.S. During Green Card Application

To answer whether your parents can remain in the U.S. while applying for a green card, it’s important to understand their current visa status and the specific process being used for their application.

1. Current Visa Status

• Tourist Visa (B-2): If your parents are in the U.S. on a tourist visa, they can apply for a green card but must maintain their legal status until the adjustment of status is granted.
• Other Non-Immigrant Visas: Holders of other non-immigrant visas may also apply for a green card. However, they must remain in compliance with the terms of their visa while awaiting their green card approval.

2. Adjustment of Status vs. Consular Processing

• Adjustment of Status (AOS): This is the process used if your parents are already in the U.S. on a valid visa. AOS allows them to apply for a green card without leaving the country.
• Consular Processing: This involves applying for a green card from outside the U.S. If your parents are already in the U.S. but choose this method, they would need to leave the country for an interview at a U.S. consulate abroad.

Key Steps in the Adjustment of Status Process

If your parents are eligible to stay in the U.S. during their green card application, they must follow a specific process to adjust their status.

1. Filing Form I-130 and I-485

• Form I-130 (Petition for Alien Relative): Filed by the sponsoring U.S. citizen or permanent resident, this form establishes the relationship between you and your parents.
• Form I-485 (Application to Register Permanent Residence or Adjust Status): Filed by the parents, this application is essential for those seeking to adjust their status to permanent resident while in the U.S.

2. Obtaining Work and Travel Authorization

While waiting for the green card, your parents can apply for work authorization (EAD) and advance parole (AP), allowing them to work and travel outside the U.S. These are filed using Forms I-765 and I-131, respectively.

3. Attending the Adjustment of Status Interview

An interview is typically required, where an immigration officer will assess the authenticity of the relationship and eligibility. It’s crucial for your parents to attend this interview, which usually takes place several months after submitting the application.

Important Considerations and Potential Issues

• Maintaining Legal Status: Your parents must maintain their non-immigrant status until the AOS application is submitted. This means not overstaying their visa or violating its terms.
• Public Charge Rule: This rule considers whether an applicant is likely to become dependent on government assistance. It’s essential to demonstrate that your parents can financially support themselves or be supported by the sponsor.
• Processing Times: The processing time for a green card application can vary. During this period, having a valid visa or approved work and travel authorization is crucial.

Conclusion

In summary, your parents can stay in the U.S. while applying for a green card through the Adjustment of Status process if they are already in the country on a valid visa. It’s vital to follow all procedures accurately, maintain legal status, and be prepared for the interview. Consulting with an immigration attorney can provide personalized guidance and help navigate any complexities in the application process.

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My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. In this article, we discussed the process of helping your parents stay in the U.S. while applying for a green card, focusing on the Adjustment of Status process and the necessary steps to ensure a smooth application. If you have any further questions about sponsoring your parents, navigating the green card process, or any other immigration-related queries, feel free to schedule a free consultation by clicking this link.