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Results 1 to 8 of 8

Thread: Can they get GreenCard?

  1. #1
    Hi Friends,
    Got a new question need you guys to clarify.
    My friend's parents came in US from China in 2000/Nov, suppose they should go back to China before 2001/Nov, but for some reasons, they didn't go back to China, and still stay in U.S.
    The reason why they didn't go back is --- my friend was applying for U.S citizenship then, and he told me after he got his citizenship, he can apply GreenCard for his parents, though now his parents are illegally staying in U.S. And, he will get citizenship very soon.
    Since INS has changed into BCIS, so my friend wants to get confirmation for his plan.
    Could anyone confirm that his parents can get GreenCard without problem after my friend gets his citizenship? If there's no problem, how long does that take?
    This is very important for his parents to get GreenCard, because they have stayed in US out of the visa expiration date.
    Greatly appreciate any idea for this issue.

    Many Many thanks form Hai, NJ

  2. #2
    Hi Friends,
    Got a new question need you guys to clarify.
    My friend's parents came in US from China in 2000/Nov, suppose they should go back to China before 2001/Nov, but for some reasons, they didn't go back to China, and still stay in U.S.
    The reason why they didn't go back is --- my friend was applying for U.S citizenship then, and he told me after he got his citizenship, he can apply GreenCard for his parents, though now his parents are illegally staying in U.S. And, he will get citizenship very soon.
    Since INS has changed into BCIS, so my friend wants to get confirmation for his plan.
    Could anyone confirm that his parents can get GreenCard without problem after my friend gets his citizenship? If there's no problem, how long does that take?
    This is very important for his parents to get GreenCard, because they have stayed in US out of the visa expiration date.
    Greatly appreciate any idea for this issue.

    Many Many thanks form Hai, NJ

  3. #3
    Senior Member
    Join Date
    Oct 2003
    Location
    Raleigh, NC
    Posts
    289
    I have very bad news for you. THey will not get a greencard *because* they overstayed. They cannot adjust status in the United States if they have been out of status for more than 6 months unless they qualify for one of the exceptions in S 245. Of course, if they try for CP, they will face a 10 year bar to reentry because their overstay was for more than a year. They will need to hope that a 245(i) provision is passed again- maybe in the years to come.

  4. #4
    Hai I have good news for you. Katycab is very very very wrong.

    Visa overstay does not prohibit parents of US citizens (over age 21) from adjusting status. Of course, they can not depart the US until after they get "green cards" without getting hammered by the 10 year bar. The processing time of AOS depends on location, but the average is two years.

    For those who have posted about why parents are refused nonimmigrant visas for no reason, this is why.

    The Grand Poo-Bah
    Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

  5. #5
    Lord Chief
    Justice,
    Master of the
    Buckho:

    First of all he is not a citizen yet.
    They might be able to take advantage of Chinese Student Protection Act of 1992(Public Law 102-404) being the parent provided he is a student as well. this is just an option.

  6. #6
    Correct me if I am wrong, but wasn't one of the requirements for the Chinese Student Protection Act that the applicant had to have resided continuously in the United States since April of 1990 and didn't it sunset back in 94? If it was extended, I missed that.

    And yes, he has to become a US citizen to petition for his parents. That was evident in both the question and answer.

    The Grand Poo-Bah
    Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

  7. #7
    Folks, take a good whiff at that funky legal testosterone!

  8. #8
    Dane- you crack me up!

    The Grand Poo-Bah
    Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

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