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Father over 70yrs old, can I still bring him to the USA?

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Hi Everyone!

Wow, it has been a while since I was on this site! I am currently waiting for my removal of conditions of my green card through marriage of a USC and after that I will apply for citizenship. Once I become a citizen I would like to apply for my parents to get their permanent residence as well.

Here are my questions:

1) My mom and dad were never legally married but they have been together for over 25 years. Will this be a problem?

2) My dad turned 70 this year. Can he still apply by the time he is 71? Are there age limits?

3) Would it be easier to have them come on their tourist visas and do an adjustment of status while they are here OR should we apply while they are in Ecuador? (Somehow it seems like things are just easier if you are in the USA when you apply)

Those are my questions for now. Thank you for your help!

07/2008 Applied or F1 Visa

08/2008 F-1 Visa approved

09/2008 Moved to USA for University

AOS from F1 visa

07/07/12, Married USC
01/31/13, Mailed AOS package (I-130, I-485, I-765) to Chicago lockbox.
02/05/13, Package delivered to Chicago lockbox.
02/05/13, Text & email received for all 3 forms.
02/06/13, I-130 & I-485 checks cashed.
02/06/13, NOAs received for I-130, I-485, I-765.
02/08/13, Biometrics appointment (03/06) NOA received.
03/06/13, Successful Walk-in biometrics @ Chicago ASC on Broadway.
03/07/13, Online case status available (I130-initial review; I1765-initial review; I485-testing and interview)
03/20/13, Online status notification for interview April 23rd 2013.

04/01/13, Notice of EAD approval via text & email.
04/08/13, EAD received.

04/23/13, Interview @ USCIS downtown Chicago (went well, told we would receive welcome letter in 2 weeks)

04/23/13, I-130 Petition Approval Notice Received

06/21/13, Day 61 still waiting

07/20/13, Infopass appointment Downtown Chicago- was told my case was approved and sent to archiving without first being processed, they would fix it.

08/26/13, Received Green Card in the mail

01/23/15, Received notice to apply for removal of conditions

02/24/15, Mailed Removal of Conditions package to California Service center

02/26/15, Checks cashed by USCIS

03/16/15, NOA Extended conditional Residence Status received

06/17/15, Biometrics Appointment (07/08) NOA received

07/08/15, Successful Walk-in biometrics @ Chicago ASC on Broadway

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1) You'll be filing separate petitions for them so it shouldn't be a problem. As long as their names are on your birth certificate and you can show that they are your actual mother and father.

2) There are currently no age limits. As long as he can pass the medical exam when the time comes, it should be fine.

3) You can't adjust status while in the US when you obtained the tourist visa with an intent to immigrate. That would be deemed immigration fraud. You should just petition for them once you become a USC and while they remain in Ecuador.

Best of luck!

Edited by tasakchy

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