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Us citizen petitioning for parents who came to US legally but overstayed their visa and worked illegally

Bayside, NY |
Filed under: Employment

Do they have to file I-485 Supplement A? They were admitted into US with tourist visa. I-485 Supplement A says:
"You do not have to submit Supplement A to Form I-485 if you:
C. Are applying to adjust status as the spouse or unmarried minor child of a US citizen or the parent of a US citizen child at least 21 years of age, and you were inspected and lawfully admitted to the United States other than in C-1 or S nonimmigrant status."
However, it also says in I-485:
"you are not eligible for adjustment of status if any of the following apply to u:
D. Your authorized stay expired before you filed this application;
E. You were employed in the United States without USCIS authorization prior to filing this application;
F. You failed to maintain your nonimmigrant status, other than through no faul

Attorney Answers 2


  1. Best answer

    Your parents are considered immediate relatives and therefore should not have issue adjusting status. No 485A should be needed

    I would contact an attorney to confirm this

    Note: The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client.

    Best regards,
    Neil I Fleischer
    The Fleischer Law Firm, LLC
    917 Main Street
    Cincinnati, Ohio 45202-1314
    Direct telephone: 513 977 4209
    Email: nfleischer@immigrate2usa.com WEB page: immigrate2usa.com
    Check out our blog for a humorous but informative look at immigration law
    http://immigrate2usa.blogspot com


  2. You are going to need to speak with an attorney and it is recommended you hire one. Feel free to contact me for a free consultation.

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