Inviting parents with pending AOS after overstay

[DurioM 1]

Hello,

I’ve browsed the forum for a couple of weeks but haven’t found a similar situation as mine. Could you give me some advice on how I should proceed?

 

I overstayed my F1 visa for two years, and both my visa and I-20 are expired as of now. I married a USC this year and filed for AOS (concurrently with I-765 and I-131) in February, and I’ve done my biometrics last week, but no interview ready to be scheduled so far. However my passport will be expired in mid-May, earlier than the date my EAD to be adjudicated according to VJ’s estimation. (I’m also debating if I should renew my passport now, of which the process usually takes 1-2 months for my country’s consulate, at the risk of going to interview without passport.)

 

Now the problem is my parents would like to visit US this summer, and I found US embassy website stating that to apply tourist visa (B2) for parents, it requires proof of legal presence of mine, and a photocopy of my passport and visas as a part of the materials prepared for visa officer. I’m wondering if my receipt notice I-797 can work as a proof of legal presence or if it’s risky to use it, since I have no other legal proof right now?  Shall I wait until my EAD is approved, or to be more cautious, until GC is approved to invite my parents? By the time I could receive EAD, my passport would be expired. If I were to renew my passport after AOS is done, it would exceed my parents’ time frame and they won’t be able to make it this year. It left me with two options to apply for my parents’ tourist visa this year:

 

1. Notice of acceptance as legal proof  + unexpired passport
2. wait for EAD as legal proof + expired passport

 

Which do you guys think will be the better option to go with? Thanks!

Edited March 30, 2017 by DurioM

[KierenHby 897]

US tourist visas do not require invitations\letters, etc.

US documents are almost never looked at by B2 interviewers. Parents verbally inform CO you're awaiting AOS if status comes up. 

[Transborderwife 4,666]

They do not need your proof of residency

[DurioM 1]

17 minutes ago, Transborderwife said:

They do not need your proof of residency

 

22 minutes ago, KierenHby said:

US tourist visas do not require invitations\letters, etc.

US documents are almost never looked at by B2 interviewers. Parents verbally inform CO you're awaiting AOS if status comes up. 

Thanks for your input. But from the article I read posted on consulate website, by saying "We suggest you bring proof of legal presence of your immediate relative" (I translated from its original language), I guess it probably means this proof might not be a prerequisite, but more of a "backup" document if by any chance CO would like to know more or validate any verbal information? And the chances may not be that slim, because the consulate actually pointed it out?

[Transborderwife 4,666]

7 minutes ago, DurioM said:

 

Thanks for your input. But from the article I read posted on consulate website, by saying "We suggest you bring proof of legal presence of your immediate relative" (I translated from its original language), I guess it probably means this proof might not be a prerequisite, but more of a "backup" document if by any chance CO would like to know more or validate any verbal information? And the chances may not be that slim, because the consulate actually pointed it out?

It's probably a similar article to the ones that suggest invitation letters and I-134's for sponsoring a visit.  I've been around the immigration and/or visit visa game for a while now, its not necessary.

[KierenHby 897]

16 minutes ago, DurioM said:

But from the article I read posted on consulate website, by saying "We suggest you bring proof of legal presence of your immediate relative" (I translated from its original language),

what website

[gregcrs2 1,777]

30 minutes ago, DurioM said:

 

Thanks for your input. But from the article I read posted on consulate website, by saying "We suggest you bring proof of legal presence of your immediate relative" (I translated from its original language), I guess it probably means this proof might not be a prerequisite, but more of a "backup" document if by any chance CO would like to know more or validate any verbal information? And the chances may not be that slim, because the consulate actually pointed it out?

Proof of legal presence of your immediate relative pertains to someone in your parent's home country.  Your parents need to show ties the ensure they will return back to their own country.

[Boiler 43,434]

Also wondering what web site, they will need to mention your presence in the US on the application form.

[caliliving 606]

my friend overstayed and didnt send her AOS application out yet (it has been 3 years). her mother was from germany and visited each year for 6 months with no problem.  again, her mom showed her ties to back home ect and having property, a husband there among other things it was not a problem to visit and i assume having her 'out of status' daughter and son in america was never an issue.

 

what country are your parents from and do they have property and a good job? relatives in the usa really has no bearing one way or another.. the usa gov wants to make sure they will return after the visit.   

[KierenHby 897]

Out of status usually not an issue, B2s adjudicated on applicant merit (incl ties home to return to). 

[Jeanne Adil 1,651]

 

what country??? can make a difference

[DurioM 1]

19 hours ago, KierenHby said:

what website

 

19 hours ago, Boiler said:

Also wondering what web site, they will need to mention your presence in the US on the application form.

 

2 hours ago, adil-rafa said:

 

what country??? can make a difference

 

20 hours ago, Transborderwife said:

It's probably a similar article to the ones that suggest invitation letters and I-134's for sponsoring a visit.  I've been around the immigration and/or visit visa game for a while now, its not necessary.

I’m very grateful for your help and patience. What you guys are saying makes perfect sense and I do believe my parents should focus more on proving their binding with their own country. 

 

As to the article, I first saw it in Chinese on the website of US Consulate of Shenyang, China (Here’s link to the article for your reference https://chinese.shenyang.usconsulate.gov/visa/type.html sorry but I couldn’t find an English version of it). Under the third category “Invite your parents to the US”, following some typical questions CO would ask, their exact words are:

“We suggest you bring the following documents for your visa interview:

“Proof of legal presence of your child in the US, such as a photocopy of a valid visa or a photocopy of a green card;

“US visas obtained by your child, original document or photocopy;

“Recent photos showing parents and child living together

“Proof of ability to pay for travel expenses

“Proof of close ties to China, such as bank statement, employment verification, property certificate… etc.”

Is it possible there’s discrepancy in emphasis of CO’s judgement country by country? Or it simply does no good when applicant’s ties to home aren’t strong enough already?

[KierenHby 897]

6 minutes ago, DurioM said:

 

 Or it simply does no good when applicant’s ties to home aren’t strong enough already?

Makes applicant ineligible for a B2, a CO could argue. 

[Boiler 43,434]

The CO could certainly ask but that was not the situation you originally set out.

 

Quote

(B2) for parents, it requires proof of legal presence of mine