Q&A ForumCategory: Immigration LawCan parents adjust status after entering on tourist visas
Sofia HerreraSofia Herrera asked 10 months ago
My parents entered the U.S. on tourist visas and want to stay to help me care for my newborn. Can they adjust their status while here, or do they need to leave and reapply?
1 Answers
911Lawyer911Lawyer answered 9 months ago
Sofia, whether your parents can adjust their status while in the U.S. depends on several key factors, including their manner of entry, their intent at the time of entry, and your immigration status. If you are a U.S. citizen and at least 21 years old, you are eligible to sponsor your parents for a green card by filing Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status). If approved, they could become permanent residents without having to leave the country. However, if you are only a green card holder, you cannot petition for your parents at this time. One critical factor is whether your parents entered the U.S. legally. If they were admitted on a valid B-1/B-2 tourist visa and inspected at the border, they are generally eligible for adjustment of status. However, if they entered without inspection (e.g., crossed the border without a visa), they are typically not eligible to adjust their status in the U.S. and would likely need to apply for a green card through consular processing in their home country. Another important issue is timing. If your parents apply for a green card too soon after entering the U.S., USCIS may view it as fraudulent since tourist visas are meant for temporary visits. While there is no set rule, applying within the first 90 days of arrival can raise red flags. If they have been here for some time and circumstances changed—such as your need for help with your newborn—it may be easier to justify their decision to apply for permanent residency. If adjustment of status is not an option, your parents would need to leave the U.S. and apply for a green card through consular processing at a U.S. embassy or consulate. This process involves filing Form I-130, waiting for approval, attending an interview abroad, and re-entering the U.S. with an immigrant visa. However, if they overstay their visa for more than 180 days before leaving, they could face barriers to re-entry for several years, depending on the length of their overstay. It’s also crucial that your parents do not work while on a tourist visa, as unauthorized employment could jeopardize their ability to adjust status. If your parents are considering applying for a green card while in the U.S., they should consult with an experienced immigration attorney to assess their eligibility and avoid mistakes that could result in delays or denials. Taking the right legal steps now can help ensure they remain in compliance with immigration laws while seeking permanent residency. This answer was generated by AI and is not 100% legal advice. For reliable support, consult one of our attorneys who understand the complexities of your case and can help you achieve a positive outcome.