Can My Parents Adjust Status in U.S. to Get Their Green Card?

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.