how to apply green card for parents who illegally stayed here before?
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Q&A: how to apply green card for parents who illegally stayed here before?
Hi, my parents with us 2 years ago.at that time, they were allowed to stay in USA for 6 months. then i applied to extend their visa but got denied by Immigration center. since we just had a new baby, I needed my parents to stay with us, so they stayed illegally for another 7 months.
then they went back to China. Right now I wanted to apply for Green Card for them, Do you guys think it is possible to get approved by IMS?
The answer in the following:
Answer by David
Not a chance…
and they have probably lost the chance to return as well
Answer by Gary C
It is always possible. However, the chances are quite remote. Overstaying one’s visa is considered a fairly serious offense.
There are many Chinese who come to the US, for all sorts of reasons. Unfortunately, a certain percentage do not return once their visa expires.
Not to be overly harsh here, but your parents had a wonderful opportunity to show the US government that they were “Green Card” material. All they would have to do is leave the country when the visa was denied. That speaks volumes- they know and respect the rules of the US and don’t have to be told what to do. Your case would certainly be much stronger than it is now.
But that obviously didn’t happen, for whatever reasons. Their past actions do not give the ICE much confidence that your parents will be law-abiding, permanent residents of the US and would be worthy of Green Card consideration.
Being Asian American myself, I know it is common to have the parents stay around to take care of the baby once born. But rules must be followed.
Answer by Fred S
Yes, it is possible for a petition to be approved if you are a U.S. citizen. Only U.S. citizens can petition for their parents. Use form I-130 to file for them. You’d need two I-130s.
They overstayed by 7 months which means that they would be inadmissible for 3 years from the date of their departure. They departed 2 years ago. They only have one more year of inadmissibility left under section 212(a)(9)(B)(i)(I).
By the time your petitions are processed in the States and sent to China for visa issuance, their third year of inadmissibility will be almost over. All they need to do is make a visa interview appointment for a date more than 3 years after the date of their departure, and their chances for getting an immigrant visa are excellent.
If they don’t want to live in the U.S., after the three years are over, they can apply for visitors visas, but that might be a more difficult task.
Answer by Dewan
Do not even try. You will loose your petition fee of $ 355 each.
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