Parents on B1/B2 . Can I do AOS now?

[N400fiasco 35]

Hi All, 

 

Apologies if this topic has been covered elsewhere. I am a US Citizen and my parents are visiting me here on B1/B2 from India. They were supposed to go back to India by end of April but with the Covid situation , they cannot go back till India opens back up. 

Over the last few years they visit me and stay with me for a 4-5 months a year. With the Covid situation, I'd much rather that they stay with me permanently . Is it possible for us to start the GC process now (subject to it not being in the 60 day ban) before they head back? Or filing for a tourist visa extension is only option?  

 

Thanks for your help! 

[Lil bear 4,559]

7 minutes ago, N400fiasco said:

Hi All, 

 

Apologies if this topic has been covered elsewhere. I am a US Citizen and my parents are visiting me here on B1/B2 from India. They were supposed to go back to India by end of April but with the Covid situation , they cannot go back till India opens back up. 

Over the last few years they visit me and stay with me for a 4-5 months a year. With the Covid situation, I'd much rather that they stay with me permanently . Is it possible for us to start the GC process now (subject to it not being in the 60 day ban) before they head back? Or filing for a tourist visa extension is only option?  

 

Thanks for your help! 

Yes they are eligible for AOS filing. The usual travel /work restrictions apply until they receive their EAD and AP cards ...   extensions of the tourist visas don’t happen quickly. Hopefully you have access to the required documents to allow you to file the I 130 for each of them. File all applications concurrently .. I130 / AOS/AP and EAD. AOS will require the I 944 form covering public charge and requires you to demonstrate health care coverage or financial ability to pay..  beware that this is not cheap

 

Moved to AOS from tourist visa for best answers 

 

 

Edited April 22, 2020 by Lil bear