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  1. #1
    Join Date
    Jun 2015
    Posts
    11

    Default Can You Seek Permanent Residency to Care for an Elderly Parent

    Hi,

    I have a old friend (45 years old) and she entered USA with a B1 visa to visit her 80 years old father. As her father heath condition, she want to stay and live in USA with her father. My question is, can her father files a petition for her to stay and live in USA.


    Thank you.
    Bruce

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Apply for Green Card After Entered USA by B1 Visa

    What is the immigration status of the father? What country is she coming from? Is the father going to be able to truthfully provide an affidavit of support or is there some other substitute sponsor available?

    If she just wants to spend time with him, why does she need a green card?

  3. #3
    Join Date
    Jun 2015
    Posts
    11

    Default Re: Apply for Green Card After Entered USA by B1 Visa

    her father is us citizen and her father is not able to provide an affidavit of support however they has other substitute sponsor. She came from Viet Nam. She wants to stay and live in USA.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Apply for Green Card After Entered USA by B1 Visa

    She should consult an immigration attorney, but the priority date for her category is taking around nine years to come around. Hopefully she didn't commit immigration fraud to enter.

  5. #5
    Join Date
    Jun 2015
    Posts
    11

    Default Re: Apply for Green Card After Entered USA by B1 Visa

    As I know, she's already in USA as B1 visa. So the question is, if her father will file a petition for her green card and Is it legal if she stays in USA until the green card is available for her.

    Thanks
    Bruce

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Apply for Green Card After Entered USA by B1 Visa

    And as I told you, she needs to see an immigration attorney before she does anything. It appears she's already committed immigration fraud and you don't want to go about this half baked. Yes, if you can find someone to fill out the affidavit of support she can apply for AOS which will probably take a very long time, but unless she was found to have entered illegally (possible), she can stay here while that is pending.

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