CIR : AOS or CP now for sponsoring mother of USC ?

[gcbayarea]

Hi,

I need to apply greencard for my mother who is currently in India. I am a US Citizen. She has a 10 year multiple entry visitor visa of which 6 years is still remaining. If it were not for Comprehensive Immi Reform (CIR), I was planning to apply Consular Processing (CP) and then apply at the consulate. But now, since CIR is going to eliminate sponsorship of parents of citizens, what is the best course of action?

1. Is it still better to apply CP while she is in India ? Or is it better to ask her to come here and then apply concurrently for I-130/AOS?

2. Say if I apply for I-130 and CP today and her I-130 gets approved in Dec of this year. And say by that time CIR is passed into law (eliminating sponsorship of parents); will her case be denied? Or will it be approved because her priority date was current as of her application date (Apr 2013) ?

3. Visa number availability ::- When does this come into the picture? I understand that as of now, parents of USC have unlimited availability of visa numbers. So when exactly in the process do they check visa number availability? Do they check it at the time they receive my I-130 application? Or do they check when they finally process my I-130 ? Or is it at the time that they process the I-485?

4. Since visa numbers are available now (and may NOT be available by the time her I-130 is approved); is it better to apply I-130/I-485 concurrently (after bringing her here in the next few weeks)?

Thanks

 

[newacct]

But now, since CIR is going to eliminate sponsorship of parents of citizens, what is the best course of action?

who said they are getting rid of sponsorship of parents?

1. Is it still better to apply CP while she is in India ? Or is it better to ask her to come here and then apply concurrently for I-130/AOS?

If she enters on a visitor visa with intent of filing for AOS, that is visa fraud.

2. Say if I apply for I-130 and CP today and her I-130 gets approved in Dec of this year. And say by that time CIR is passed into law (eliminating sponsorship of parents); will her case be denied? Or will it be approved because her priority date was current as of her application date (Apr 2013) ?

Even if they get rid of it (e.g. for siblings), pending petitions will remain valid.

3. Visa number availability ::- When does this come into the picture? I understand that as of now, parents of USC have unlimited availability of visa numbers. So when exactly in the process do they check visa number availability? Do they check it at the time they receive my I-130 application? Or do they check when they finally process my I-130 ? Or is it at the time that they process the I-485?

This question doesn't make sense. Since it's an immediate relative, visa availability is irrelevant. Once I-130 is approved it goes immediately to the next step.

4. Since visa numbers are available now (and may NOT be available by the time her I-130 is approved); is it better to apply I-130/I-485 concurrently (after bringing her here in the next few weeks)?

Again, this makes no sense.

 

[gcbayarea]

who said they are getting rid of sponsorship of parents? I thought if anything, they are expanding sponsorship of parents, making it easier to apply for parents of permanent residents.

Most analyses of the bill presented in the senate have concluded that UC citizens will not be able to apply for GC for parents or siblings.

This question doesn't make sense. Since it's an immediate relative, visa availability is irrelevant. Once I-130 is approved it goes immediately to the next step.

Visa is available now. Visa won't be available once the new law goes into effect and the transition period is over.

 

[newacct]

Most analyses of the bill presented in the senate have concluded that UC citizens will not be able to apply for GC for parents or siblings.

why don't you show such an analysis?

 

[gcbayarea]

why don't you show such an analysis?

That is surprising. I had read in a few indian newspapers that they are going to stop the sponsoring of parents. But now that I search for it explicitly, I am not able to find it. I will keep researching. But if anyone has any information on this issue, please post it here.

 

[smile1]

There is no such thing. You can apply for her thru CP.....even if something comes up later on,her process would already have started so it won't apply to her.