As a US citizen, can I file immigrant petition for my parents while they are visiting in the USA? 10 Answers as of July 14, 2014

My father is visiting on a tourist visa from the Caribbean and I would like to petition for him.

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Morales & O'Connor, PLLC
Morales & O'Connor, PLLC | Myron Morales
Yes, but they need to be willing to stay for at least 90 days thereafter to get an advance parole.
Answer Applies to: Texas
Replied: 7/14/2014
Penn Law
Penn Law | Gigi Penn
You must be at least 21 years old to file a petition for your father. If you do, it would probably take several months, likely longer than he's allowed to stay in the US under his tourist visa, so he would need to return to his home country anyway. Consult an immigration attorney to assist you and to avoid delays.
Answer Applies to: Washington
Replied: 7/10/2014
Law Offices of Rizwan M. Khalid
Law Offices of Rizwan M. Khalid | Rizwan Khalid
Yes you may. I would encourage you to see an immigration attorney to discuss your case specifics.
Answer Applies to: Pennsylvania
Replied: 7/9/2014
Lana Kurilova Rich PLLC
Lana Kurilova Rich PLLC | Lana Kurilova Rich
Ideally, he should remain here 90 days or more before you file your petition. If you file before 90 days, there is a presumption that he intended to violate the terms of his visitor's visa by not returning back to his home country. That presumption can be overcome, but it is an additional hurdle. So if his current I-94 stamp is valid for more than 90 days, I would recommend petitioning for him after 90 days from the date of his arrival. If that is not possible because his visa expires sooner, you can still petition, but your father may be called in for an interview to explain himself (in that why he decided to stay here when his visa was only a visitor's visa).
Answer Applies to: Washington
Replied: 7/9/2014
Law Offices of Linda Rose Fessler | Linda Fessler
He must go home. He can not use a tourist visa to stay here while your petition is being processed.
Answer Applies to: California
Replied: 7/9/2014
    Rivas-Rivera Law Offices
    Rivas-Rivera Law Offices | Juan Ramon Rivas-Rivera
    Yes you could as long as you are 21 years old. But if you decide to do so, I strongly advice against your father traveling abroad while proceedings are pending. He may be denied re-entry if he wants to come back before getting his permanent resident card. And, even though, he could get an advance parole permit to allow re-entry into the U.S., there is no guarantee he won't be detained at the port of entry. You should seek legal representation on this.
    Answer Applies to: Texas
    Replied: 7/9/2014
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Yes, but wait two months or more after they entered the US to avoid any potential preconceived intent issues.
    Answer Applies to: Michigan
    Replied: 7/9/2014
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Yes. You can petition for him and he can concurrently apply for adjustment of status with USCIS. However, he should wait at least 90 days after his entry before submitting his application or he may be accused of committing visa fraud.
    Answer Applies to: Texas
    Replied: 7/9/2014
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You could file an immigrant visa petition on behalf of your father while he is visiting the United States, but he cannot seek adjustment of status in the United States. He would need to return to his country of citizenship in compliance with his authorized stay and seek an immigrant visa through consular processing. Otherwise, he risks being found to have made a material misrepresentation upon entry by entering the United States with a tourist visa with the intent to seek permanent residence.
    Answer Applies to: New York
    Replied: 7/9/2014
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    Yes. You can file an I-130 Petition along with your parents' I-485 Application in the US. They will be allowed to stay here during this process. It takes about 2.5 months to get the work/travel permit and about 10 months for the green card.
    Answer Applies to: California
    Replied: 7/9/2014
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