Hello everyone. I really need your help on this matters. I will become USC on December 2008. My father is on a B1/B2 tourist visa and his visa will expired on May 7 2008. How long can he overstay on his tourist visa so that I can petition for him to become permanent resident here. My father cannot go back to to his home country for some personal reason. Please help me. Thank you very much

You can file for an extension of the visa by filing form I-539

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

This should help you avoid dealing with the overstay.

He will have to return for the visa interview.
Is it worth the difficulty you will have with immigration to have the overstay? Can he return to a differnt part of his country or even maybe a third country?


but would it be for enough time to receive his visa and he has to return for an interview.

Father just got back to the US. His visa is not expired until Aug 08. But his I-94 expired on Match 22 2008. He left the us and come back on april 7. But the custom only give him one month I-94 which is expired on May 7. So i think if we file extension for his visa. There is a big chance that USCIS will deny his application. I heard that if he is immediate relative to USC, his overstay can be pardon by filing I-130 and I-485. I dont know whether this is correct or not. Please help me.

Im under the impression that he can adjust status without leaving since he entered legally....see an immigration attorney.

Why? He was inspected, but the duration of status was limited to 30 days.


Are you over 21?

I am over 21. But I have just green card right now. I won't be USC until Dec 08 2008. That's the problem. I cant be USC early enough to petition for my dad. That's why i wanna know whether immediate relative petition pardon the fact that my dad overstay his visa.

How can you tell when you will obtain citizenship.

Overstays are only forgiven when adjusting through marriage.

That's a good question.
Immediate relatives of USC (child under 21, spouse and parents) may adjust status in the USA regardless of overstay.

However, think about the question above.

I could have sworn you had to be legally present. Valid I-94, but I may be having a senior moment.

So they suspected his intent gave him a month as a visitor, that could be an interesting adjustment interiew.

So does anybody have some information about sponsor the immediate relative if they are overstay their visa status? Please help me clarify on this matter. Thank you so much

Tobias,

Jula is correct. Good luck with your naturalization and your dad's AOS.