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Two Questions Adjustment of Status....

Houston, TX |

Good Afternoon.

If someone is a U.S.C over 21 and his/her parents come to U.S. on a tourist visa-

1. Can the parents apply for Adjustment of Status in U.S?

2. Do the sponsoring citizen has to attend the interview with the Parents for Adjustment of Status?

Thanking you in advance if an Attorney can guide about these two questions.

Attorney Answers 5

Posted

Yes, but since this applicant's parents have immigrant intent, the CBP can deny them entry, revoke their visas and send them back to their home country. If they have to file for B-2 visas, then these visas should be denied, since they have immigrant intent.

This activity is known as "circumventing the visa process." It is considered unlawful and can result in a devastating effect, such as an indefinite ban on immigration.

If your parents process in their home country at a U.S. Embassy or Consulate, then you do not need to attend their interview. If there is an adjudications interview is in the U.S., then the USCIS insists upon you attending.

I hope that this is helpful. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.

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1 comment

Asker

Posted

Thank you Atty Dixler for the valuable guidance.So, in your opinion it is best to have them go through consular processing?

Posted

A parent of a IS citizen over 21 is an immediate relative. An immediate relative may adjust their status to lawful permanent resident while in the US. Even if they overstayed or worked illegally.

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2 comments

Asker

Posted

Sir, what about the interview part is the sponsoring U.S.C supposed to attend the interview with parents for AOS? or there is no interview at all?

Moses Apsan

Moses Apsan

Posted

It's usually not required, but recommended.

Posted

1. Yes
2. Yes

This answer does not create an attorney-client relationship and should not be relied as legal advice on your case. You may call my office at (832) 305-5382 to schedule a consultation if you require specific legal advice. Law Offices of Hector J. Lopez. 1201 South Shepherd Dr. Houston, TX 77019. www.hjlopezlaw.com

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Posted

The parents can not apply for the B visas and enter the U.S. with the intent to file the aos applications.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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Posted

I agree with Hector.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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