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  1. #1
    Join Date
    Mar 2010
    Posts
    1

    Default Parents on Visitor Visa: When to Apply for a Green Card

    Hi Everyone,

    WE are US citizens living in CA, and would like to apply for my parent's green card. They are visiting on a tourist visa. A friend told me that I have to wait atleast 60 days after their arrival to apply for their GC.

    is that true that I cannot apply before the 60 day period ends? What is the reason behind it and what is the risk if I apply for their GC 30 days after their arrival?

    Thanks
    Sunitarao

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Parents on Visitor Visa: when to Apply for Green Card

    I find nothing stating that you must wait 60 days.

    Read here, here, and here, and be certain to consult an immigration attorney.

  3. #3
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Parents on Visitor Visa: when to Apply for Green Card

    They appeared to have entered the US with the intent of filing for a green card while asserting that they are visiting. This is contrary to the regulations. If you intended to do this, you should have followed the proper procedure, and they should have remained in their home while the paperwork was being processed.

  4. #4
    Join Date
    Apr 2010
    Posts
    3

    Default Re: Parents on Visitor Visa: When to Apply for a Green Card

    I agree with the first post... check the USCIS as well as the Department of State websites to make sure you understand the process.

    I'm also in the process of getting green cards for my parents and I do not recall seeing a 60 days requirement anywhere, but you should double check anyways.

    You need to use form I-485 to adjust their status from "tourists" to "permanent residents".

  5. #5
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Parents on Visitor Visa: When to Apply for a Green Card

    The risk is being denied for improper entry.

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