B-1 Visa expired
 

I know someone who has an expired B-1 Visa who is still living in the US. Their son
wants to petition for them to get a green card. Can they just file for adjustment of
status or do they have to do the petition for alien relative.

Any information would be greatly appreciated. Please e-mail to:[email protected]

Re: B-1 Visa expired
 

[email protected] (StanB 1755) wrote in message
news:<[email protected]>...
    > I know someone who has an expired B-1 Visa who is still living in the US.

Then their status is no longer valid, and they are out of status or illegal.

    > Their son wants to petition for them to get a green card. Can they just file for
    > adjustment of status or do they have to do the petition for alien relative.

Is the son a US citizen or green card holder? If the son is a citizen, then it's
possible for the son to petition for her. If the son is just a green card holder,
then he/she is out of luck.

Re: B-1 Visa expired
 

The son is a US Citizen. So I guess he needs to do a petition for alien relative
doesn't he?

Re: B-1 Visa expired
 

StanB 1755 wrote:

    > The son is a US Citizen. So I guess he needs to do a petition for alien relative
    > doesn't he?

Yes, he does, but the parent can file Form I-485 simultaneously with the son's I-130,
at the INS district office for the parent's residence. The parent will become legal
and can remain in the U.S. until he or she receives permanent resident status, if all
goes well.