Convert I485 to Consular Process???

A

absorbtion

Registered Users (C)
My wife and I became US citizens in 2010. My parents-in-law are in US now on B2 visa. We filed concurrent I130/I485 for them in May. They recently did the finger prints.

Here is the situation. My mother in law got sick and may need a surgery. So they want to go back to China to get hospital care and get recovered as it is very expensive here.

I didn't apply for AP for them. So if they go back in next week, can I convert their cases to consular process? what options do I have here?

Thank you very much!
 
Can I file I-824 now before I-130 approval?

I heard that I485 usually get approved very quickly following I-130 approval. So my concern is that I485 can get approved before USCIS receives I-824 application.

BTW, how likely parents will be requested for interview? If so, can I change it to consular process after interview notice is received?

Thanks very much!



Jackolantern said:
After their I-130 is approved, file an I-824 for each of them to get the cases transferred to the consulate.
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absorbtion said:
My wife and I became US citizens in 2010. My parents-in-law are in US now on B2 visa. We filed concurrent I130/I485 for them in May. They recently did the finger prints.

Here is the situation. My mother in law got sick and may need a surgery. So they want to go back to China to get hospital care and get recovered as it is very expensive here.

I didn't apply for AP for them. So if they go back in next week, can I convert their cases to consular process? what options do I have here?

Thank you very much!
Click to expand...

HOLD IT A MINUTE!

Was there a reason that no I-131 was filed? Such as more than 180 days unlawful presence? That would make a difference.
 
No reason. My parents-in-law came here in this February, and we sent out the applications in May. Origianlly they planned to stay in US until next summer once we decided to apply green cards for them. Since it is usually very fast to get the green cards for the parents of US citizens, we didn't think it was necessary to apply for AP.

Now they need go back in next week, not next summer. This is how the problem arose.


BigJoe5 said:
HOLD IT A MINUTE!

Was there a reason that no I-131 was filed? Such as more than 180 days unlawful presence? That would make a difference.
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Have them try for Emergency Advance Parole. See http://www.uscis.gov/portal/site/us...toid=5436f0cb861c5210VgnVCM100000082ca60aRCRD
and http://immigrationvoice.org/forum/f...-advance-parole-i-131-on-medical-grounds.html

Did you think Advance Parole would have a fee? AOS applicants should always* apply for Advance Parole even if they think they won't need it, because if something comes up and they suddenly need it, it might be too late to get it. There is no fee for AP when it's linked to an AOS application, so why not apply for it just in case?


*unless they have immigration violations or a criminal record that could make it problematic or impossible to return after traveling abroad
 
I always paid fee when my daughters are in AOS

Jackolantern said:
Have them try for Emergency Advance Parole. See http://www.uscis.gov/portal/site/us...toid=5436f0cb861c5210VgnVCM100000082ca60aRCRD
and http://immigrationvoice.org/forum/f...-advance-parole-i-131-on-medical-grounds.html

Did you think Advance Parole would have a fee? AOS applicants should always* apply for Advance Parole even if they think they won't need it, because if something comes up and they suddenly need it, it might be too late to get it. There is no fee for AP when it's linked to an AOS application, so why not apply for it just in case?


*unless they have immigration violations or a criminal record that could make it problematic or impossible to return after traveling abroad
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Jack,
I always paid full fee of AP for my daughters when they are in AOS.
Where should I have checked this!
Thanks,
Sarwar
 
sarwarmd said:
Jack,
I always paid full fee of AP for my daughters when they are in AOS.
Where should I have checked this!
Thanks,
Sarwar
Click to expand...

The no-fee AP and EAD is only for people who applied for AOS after the Summer 2007 fee changeover, which is when they dramatically increased the I-485 fee t compensate for the lack of fees for AP and EAD.

According to your signature, your children's I-485s were filed in 2005, so their AP and EAD require the fee.

Also please note my signature -- my answers are based on the context being discussed in the thread, and don't necessarily apply to other situations that aren't exactly the same.
 
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