Can the parents of a US citizen who are already inside the US (through a visitor visa) successfully apply for adjustment of status? I know they 'can' do it, but I would like to know whether this path is successful or one that is commonly rejected. Thank you.
Brian Ming-Yu WangImmigration AttorneyClifton Park, NY ·
As you noted, it is possible in general, but there are many other factors that will depend on your specific facts in order to determine whether your particular case will be successful. E.g., their intent at time of entry, whether they have any criminal history, your income level, etc.
There is no reason it should be rejected if they are otherwise eligible. Be sure they understand they can't leave the U.S. until they obtain their advance parole or they will have abandoned their applications.
You would first have to begin by filing a I-130 and then adjusting status. The success rate depends on the specific facts of the case. For example, if immigration believes your parents have come to the US with immigrant intent on a B2 visa, then there may be potential problems.
If you are at least 21 years of age and a U.S. citizen, your parents should be able to adjust their status to lawful permanent residence and get their green cards, as long as there are no other issues of inadmissibility. Whether they are inadmissible all depends on their specific circumstances.
One area of concern that can give rise to inadmissibility is what their intent was when they entered the country. If they came in on a tourist visa with the intent to not leave after their period of authorized stay, that will cause a problem. Also relevant is how long after entering the United States did your parents file for adjustment of status.
My recommendation is to hire an immigration attorney to prepare the packet, submit it to USCIS, and accompany your parents to their interview, if they are required to attend one. The latter is very important. Unfortunately, there are many USCIS officers who start with the assumption that anyone applying for a green card has to prove they're not liars, and such officers can get very abusive with a person not represented by an attorney.
Good luck!
