Can we apply for I485 after pending 130?

G

getead

Registered Users (C)
First of all, let me thank you for any future assistance.

We filed I130 at Nebraska Service Center in early June 2007 for parent. We have not got any receipt notice yet. We have a couple of questions.

Are all I130's filed at Nebraska Service Center forwarded to California Service center or somewhere else? Do we get any notice for the same?

If we do not see any progress in I130 processing in the next few months, can we apply for I485 (based on pending 130) and advance parole, say 3..4 months later?

Thanks
 
Are all I130's filed at Nebraska Service Center forwarded to California Service center or somewhere else?
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no

Do we get any notice for the same?
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yes

If we do not see any progress in I130 processing in the next few months, can we apply for I485 (based on pending 130) and advance parole, say 3..4 months later?
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if you are a US citizen applying for your parent, then - yes, you can file I-485 with a copy of a notice of receipt for I-130. As for the advance parole - that depends on how much of illegal presence your parent will accumulate by the time you file I-485.
 
If 130 is pending, is the person considered to be overstaying?

When a citizen applies I130 for a parent a few days before the completion of 6 months of visit(as stamped on I94), and the parent is waiting for I130 approval, is the parent considered to be overstaying? Our idea was to get the I130 approval and apply for 485 with the approval notice.

Will that affect/jeopardize the parent's 485/'change of status' application processing?
 
Yes, the parent is consider as an overstay. I-130 does not confer you any legal status (Even when approved). Only filing for an I-485 gives you legal status.
 
getead said:
When a citizen applies I130 for a parent a few days before the completion of 6 months of visit(as stamped on I94), and the parent is waiting for I130 approval, is the parent considered to be overstaying? Our idea was to get the I130 approval and apply for 485 with the approval notice.

Will that affect/jeopardize the parent's 485/'change of status' application processing?
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did you already file I-130 separately? if no, file it together with I-485.

If yes, then wait for a receipt (NOT approval) and file I-485 with a copy of a receipt.

If your parents don't overstay their I-94 by more than 180 days, they would still be eligible for consular processing, if they don't want to proceed with AOS.
 
Still waiting for receipt/notice

Thanks for your help. Yes, we have filed I130. We are still waiting for receipt from Nebraska Service Center. We are not sure if they forward it to some other service center for I130. On the page listing processing times for Nebraska Service Center, I130 is not even listed.

Thanks
 
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