Question:
As U.S. citizen myself, my parents entered the U.S.
as
tourists. Can they
adjust status here to get their Green Card?
Answer:
If your parents are in the United States after a legal entry with a
valid visa, as U.S. citizen's immediate relatives, it is
possible for your parents to apply for a U.S. Green Card without
leaving the United States.
However, if your parents entered United States
without inspection, such as by smuggling across the
border, your parents cannot apply
for a U.S. Green Card without leaving the United States, and it can
be a problem for their immigration at all, since living in the U.S.
unlawfully for longer than 6 months may create a long-term bar
to
U.S. admissibility.
The process to get a Green Card in Unites States is called
"adjustment of status." U.S. citizen's parents would not have to wait for
the Form I-130 to be approved, but they could submit it concurrently
with the Form I-485 application for adjusting status. If you
have already obtained Form I-130 approval, your parents can simply
submit the approval notice, also called Form I-797, along with the Form I-485 adjustment of status.
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