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Applying for AOS for Parents of A US Citizen from within US

Applying for AOS for Parents of A US Citizen from within US

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Old May 24th 2024, 10:44 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Originally Posted by Nutmegger
However, as SDG has already pointed out, the OP needs to be careful with his terminology. The parents are on a visit, not “living here.”
The parents have been here since at least July 2023 ....

They entered on a B1/B2 visa.......
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Old May 24th 2024, 2:00 pm
  #32  
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Originally Posted by SanDiegogirl
The parents have been here since at least July 2023 ....

They entered on a B1/B2 visa.......
Don’t forget the unlawful presence bars. INA sections 212(a)(9)(B) & (C) can really have adverse effects. Legal consultation may be in order. Really.
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Old May 25th 2024, 3:39 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Originally Posted by Nutmegger
However, as SDG has already pointed out, the OP needs to be careful with his terminology. The parents are on a visit, not “living here.”
They obviously plan to be living here now if they are filing AOS. The important thing is they were intending to visit when they entered.
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Old May 25th 2024, 3:41 am
  #34  
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Originally Posted by S Folinsky
Don’t forget the unlawful presence bars. INA sections 212(a)(9)(B) & (C) can really have adverse effects. Legal consultation may be in order. Really.
(9)(B) doesn't apply if they haven't left the US (and won't apply if they don't leave the US, and just do AOS within the US). (9)(C) is irrelevant as there is no suggestion they have ever tried or will every try to enter illegally.
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Old May 31st 2024, 8:34 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Another question i am unsure about is if i as a petitioner need to supply my photos when applying for I-130 or I-485 for sponsoring parents?
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Old May 31st 2024, 8:42 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Originally Posted by Barakah
Another question i am unsure about is if i as a petitioner need to supply my photos when applying for I-130 or I-485 for sponsoring parents?
I-485 is filed by the beneficiary, not petitioner. And 2 photos is required for I-485, according to the instructions. I-130 for non-spouse does not need photos.
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Old May 31st 2024, 8:44 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Thanks for quick reply,
For i-485, only photos of beneficiary is required ?
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Old May 31st 2024, 10:48 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Originally Posted by Barakah
Thanks for quick reply,
For i-485, only photos of beneficiary is required ?
That's what the instructions say. Please read the instructions yourself.
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Old May 31st 2024, 10:52 am
  #39  
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Originally Posted by newacct
(9)(B) doesn't apply if they haven't left the US (and won't apply if they don't leave the US, and just do AOS within the US). (9)(C) is irrelevant as there is no suggestion they have ever tried or will every try to enter illegally.
There is a body of law which suggests that adjustment is highly disfavored while obtain an immigrant visa instead is highly favored. If the adjudicator should elect to follow that body of law, then there are problems. I’ve seen it from time to time. My post was meant as a warning to avoid a path to immigration doom.
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Old May 31st 2024, 10:56 am
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Originally Posted by Barakah
Another question i am unsure about is if i as a petitioner need to supply my photos when applying for I-130 or I-485 for sponsoring parents?
Your question is a common one which arises from the long practice of the government to require a photo of the petitioner in spousal petitions. It is not required for other relative petitions.
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Old May 31st 2024, 4:38 pm
  #41  
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Default Re: Applying for AOS for Parents of A US Citizen from within US

Originally Posted by newacct
I-485 is filed by the beneficiary, not petitioner. And 2 photos is required for I-485, according to the instructions. I-130 for non-spouse does not need photos.
You need to read the I-130 and I-485 instructions. www.uscis.gov.

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