Petition for Father that overstay

[tobias 0]

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

[YuAndDan 153]

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.

[Gaby&Talbert 1]

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

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?

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.

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

[tobias 0]

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.

[desert_fox 32]

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.

[diadromous mermaid 36]

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.

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

Are you over 21?

[tobias 0]

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.

Edited April 10, 2008 by tobias

[Boiler 43,391]

How can you tell when you will obtain citizenship.

Overstays are only forgiven when adjusting through marriage.

[jula 0]

How can you tell when you will obtain citizenship.

That's a good question.

Overstays are only forgiven when adjusting through marriage.

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.

[Boiler 43,391]

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.

[tobias 0]

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

[nuguya 0]

Immediate relatives of USC (child under 21, spouse and parents) may adjust status in the USA regardless of overstay.

Tobias,

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

[Pamme 0]

Another option would be adjusting your father while you are a LPR. When the case is pending, your father's status is not technically "illegal". When you got your citizenship, update your status in your filed case with USCIS. Then proceed from there. This is just my idea, I don't know if this will work.

[aaron2020 11,651]

Another option would be adjusting your father while you are a LPR. When the case is pending, your father's status is not technically "illegal". When you got your citizenship, update your status in your filed case with USCIS. Then proceed from there. This is just my idea, I don't know if this will work.

Why are you posting on a thread that is a year old? Tobias became a USC in December. He can petition to adjust his father's status subsequent to gaining his citizenship. If his father choose to stay in the US after the expiration of his tourist visa, his continual presence in the US would be unlawful and he would be an illegal immigrant. However, it is a status that can be cured once Tobias became a USC. Furthermore, if you have read the earlier posts an LPR cannot petition to adjust a parent's status. Your advice that it is an option for an LPR may be permitted to adjust for a parent is wrong as this is not permitted at all.

Edited August 30, 2009 by aaron2020

[NickD 202]

All I know is that the I-130 specifically asks for the dates of your I-94 if the person is in this country, we watched those days like a hawk. What they do with an overstay, I haven't the slightest idea. While my wife to be had a fresh ten year visa, my attorney warned me to watch those I-94 dates or else we would be in deep trouble, that we didn't want, whatever deep trouble means. Apparently, this is not enforced as the majority of illegals here are due to overstays, so why do they call them illegals?

So exactly what does happen with an overstay?