Can you apply for your parent's green card if they overstayed their visa?
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[Question] "If you are a Citizen and your parents are in the United States
on an expired Visa, can they adjust here?"
It is possible.
Now the thing is, I have to know more information, details, and
background. But the basics of it is that if
you're a parent of a U.S. Citizen and you enter the U.S. with a
Visa, I mean lawfully you entered, and your children
are US citizens,
you can apply for a Green Card
if all these other eligibility requirements are met, because
they forgive the fact that someone who entered but overstayed
their Visa is at a status.
They forgive that for parents of U.S. Citizens, spouses of U.S.
Citizens, and minor children of U.S. Citizens.
So in this case, if the Visa holder came, overstayed the Visa, if
they have a 21 or older child,
not a minor child,
someone who's 21 or older, they can petition for that parent
to get a Green Card and adjust status in the United States.
But there's other requirements. There's the Affidavit of
Support. There's the Public Charge Rule that's hard for
parents. Essentially,
the Public Charge Rule was meant to really hurt parents of
U.S. Citizens.
So that's a big factor in there.
There's health background issues.
There's criminal issues.
There's a lot going on, but the basics of lawful entry and
forgiveness of the overstay when you're a parent of an
adult U.S. Citizen does allow you to actually to start the
steps potentially of getting a Green Card in the United States
process called Adjustment of Status.
Again, I need more information about your particular situation
to say if that could possibly happen for you.
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