Parents here on visitor visa, but I wish to apply for their GC

[Inder 0]

I'm a naturalized citizen since 2018. My parents came to US in March for my brother's wedding (he's on student visa marrying a USC), and they're expected to fly back in August. However, given the alarming Covid-19 situation in India, I wish to apply for their GC, but not sure if that's a wise idea. Is this situation dire enough to apply for change of status, or should I wait for them to go back to India before applying? Note: They received both their covid-19 vaccine shots here in the States. 

[Crazy Cat 41,979]

Do your parents realize that, if they submit an I-485 for adjustment of status, they can not leave the US or work here for, maybe, 8 months?  

[Inder 0]

Yes, they're aware, but since they're both retired and not looking to work that's a non-issue. Secondly, me and my brother, who are their only kids both live in US so an extended stay is OK. 

 

Also, I will be submitting an affidavit of support along with the application.

[Crazy Cat 41,979]

4 minutes ago, Inder said:

Yes, they're aware, but since they're both retired and not looking to work that's a non-issue. Secondly, me and my brother, who are their only kids both live in US so an extended stay is OK. 

 

Also, I will be submitting an affidavit of support along with the application.

Legally, they can adjust status since they are already inside the US.  Of course, you will be submitting an affidavit of support.  It is required.

[Crazy Cat 41,979]

***Moved to Adjustment of Status from Work, Student, and Tourist Visas as OP's parents are currently inside the US*****

[nastra30 2,288]

You have to look at your family circumstances in this situation as to whether it's a wise idea. But legally you can petition them to become permanent residents. While their petition is pending they'll have authorized stay in the US. Also, they can't travel until their petition is approved or unless they apply for and receive advance parole document. Good luck.

[carmel34 3,639]

14 hours ago, Inder said:

Yes, they're aware, but since they're both retired and not looking to work that's a non-issue. Secondly, me and my brother, who are their only kids both live in US so an extended stay is OK. 

 

Also, I will be submitting an affidavit of support along with the application.

Health insurance and expenses may be an issue in this situation, it will likely come up at the AOS interview, as it relates to the financial sponsorship issue and the question of whether they will become public charges.  Make sure they have private health insurance in the US, as they are not eligible for Medicare.  Plan on $500 to $1000 per month, per person, plus co-pays and medications.  Even after 5 years after age 65 as an LPR they (or you as their financial sponsor) would have to pay to buy into Medicare.  The costs can be very high so make sure you go into this process with both eyes (and wallet) wide open.  Good luck!

Edited June 7, 2021 by carmel34

[retheem 566]

16 hours ago, Inder said:

I'm a naturalized citizen since 2018. My parents came to US in March for my brother's wedding (he's on student visa marrying a USC), and they're expected to fly back in August. However, given the alarming Covid-19 situation in India, I wish to apply for their GC, but not sure if that's a wise idea. Is this situation dire enough to apply for change of status, or should I wait for them to go back to India before applying? Note: They received both their covid-19 vaccine shots here in the States. 

Apply for their GC

[SalishSea 17,921]

17 hours ago, Inder said:

I'm a naturalized citizen since 2018. My parents came to US in March for my brother's wedding (he's on student visa marrying a USC), and they're expected to fly back in August. However, given the alarming Covid-19 situation in India, I wish to apply for their GC, but not sure if that's a wise idea. Is this situation dire enough to apply for change of status, or should I wait for them to go back to India before applying? Note: They received both their covid-19 vaccine shots here in the States. 

Hopefully you have a plan in place to fund their health care/retirement.   The covid vaccines were free, but nothing else will be.

[Pupmom 24]

One other thing to think about as you file for them - do you have all the required documentation available for them? (birth certificate, marriage certificate etc.). Back when my parents went through the process, they had to get a lot of that stuff done which involved going back to the place of birth and getting affidavits etc.

 

Since they cannot travel once you file AOS, they should either have all the documents handy with them or have someone in India who can send it to them.

[Pupmom 24]

5 hours ago, carmel34 said:

Health insurance and expenses may be an issue in this situation, it will likely come up at the AOS interview, as it relates to the financial sponsorship issue and the question of whether they will become public charges.  Make sure they have private health insurance in the US, as they are not eligible for Medicare.  Plan on $500 to $1000 per month, per person, plus co-pays and medications.  Even after 5 years after age 65 as an LPR they (or you as their financial sponsor) would have to pay to buy into Medicare.  The costs can be very high so make sure you go into this process with both eyes (and wallet) wide open.  Good luck!

From a health insurance POV - a lot of states have minimum income requirements for them to be able to buy insurance on the exchange (USD ~20K) and obviously you cannot claim them as a dependent. @InderWhere are you based? Depending on state of residence, I have seen premiums range from $1-$500 per month for high deductible policy ($13K-$18K). So, definitely factor that in to how you want to organize things. Health insurance remains a key factor for us as we plan the future.

 

Feel free to PM if you want to discuss any factors based on our experience.