GC for parents - Please use this thread

[smg]

Hi Folks,

Can CP be done for parents (their daughter will soon be getting her cz) @ Chennai. If yes, how long does this process take? Is it better to apply for I130/I485 here once they come here for a visit or from India? I'm not sure which one is better/faster. Also, what kind of health checks are made for parents to get their GC?

I'm just concerned that if they are denied for some reason, how it'll impact their future visits since they have a 10 yr visa valid until May'2009.

If there are people out there doing any of this, it would be great if you could share your thoughts/experience.

Thanks,

 

[smg]

Re:

The same as for everybody else: http://travel.state.gov/new_shots.html
Of course it will. With the GC application, they have demonstrated immigration intent. That means that they most likely would not be able to use the visitor visa anymore, since it does not allow immigration intent.

JoeF,

But who will check whether they have applied for GC or not....because I guess as long as they have a valid visa for travel, they should be ok. Unless of course, during the GC process, they invalidate the visa....

Which one is better...applying from here or from India?

Thanks.

 

[dsam]

At the port of entry ,USCIS have all the info, including the GC application. They can even be deported, as they have demonstrated immigration intent with the failed GC application.

Application from India - may be quicker to get GC but they cannot travel to US till the application is approved.
Application from USA - it may take longer time for processing (also depends on the local USCIS office) but they can work with EAD (if they want to) and even travel to India with AP. If you choose this route, it may be better to wait a few months after the entry to avoid the immigration intent.

 

[smg]

Approx times

Hi Dsam,

DO you know approximately how long it takes either way ( from here or from India) for the I130 & I485 each to be approved?

Thanks

 

[dsam]

Hi Dsam,

DO you know approximately how long it takes either way ( from here or from India) for the I130 & I485 each to be approved?

Thanks

I do not know exactly as I have not checked recently but these are rough estimates as I remember from my family and friends experiences.

If filed in USA - it takes anywhere from 9 months to 2 years (most likely more than a year). It mainly depends on your local district office where these applications are processed (after initial processing in Missouri). Some offices are quick ,some very slow. Still somewhat quicker than employment based 140/485 applications that are processed in Service centers.

From India - probably a year. (BTW you do not apply 485 (Adjust status) if you go thru this route ). You can check the relevant CP threads in this forum

 

[smg]

How long does one have to wait?

Hi Dsam,

Thanks for your prompt replies. If my friend wants to start the 485 process here in the US for her parents, how long should she wait after they enter the US to avoid immigration intent?

Thanks again!

 

[dsam]

Hi Dsam,

Thanks for your prompt replies. If my friend wants to start the 485 process here in the US for her parents, how long should she wait after they enter the US to avoid immigration intent?

Thanks again!

There is no hard and fast rule, the longer the better. Even immigration lawyers give different answers. We thought at least 3 months would be a good period, so we applied after 3 months for 1 family member and after 4 months for the other one. Most visitors are given 6 months stay at POE, so applying sometime in the second half of their allowed stay would be reasonable.

 

[kashinath]

Consular Route for Parents GC

I was advised by a consular officer who was at my Oath Ceremony to go the consular route as they did not have to wait for Visa to be available.. He said it would take around 6 months.

He said the 2 most important thing were: 1 Affidavit of Support and 2 Medical Exam.

I have just sent the application in for both my parents. Lets see what happens...