Employment and family-based immigration

T

Tretik

Registered Users (C)
Hi everyone,

My brother recently received his citizenship. He is planning to apply for my parents (they are here in the US and their status is "pending asylum status"). With this status, they can stay here legally, work (with EAD) until the decision is made. They have never been in illegal status here (they applied for asylum before their B1 visa expired).

I have a couple of questions:
1) How long will my parents have to wait from time of application to get their AOS approved?
2) My mother is a contracted worker and she has had gaps where she had expired EAD but didn't stop working. We came to the US in 2003. Are there going to problems for her because of that in her AOS application? If yes, how serious?
3) Will their asylum application affect their family-based application in any way?

Thanks for you help.
 
A1: Under 12 months on average
A2: Unauthorised employment is overlooked when I-485s are adjudicated for immediate relatives of US citizens
A3: Both applications (I-485s) should be independent of each other

Tretik said:
:
1) How long will my parents have to wait from time of application to get their AOS approved?
2) My mother is a contracted worker and she has had gaps where she had expired EAD but didn't stop working. We came to the US in 2003. Are there going to problems for her because of that in her AOS application? If yes, how serious?
3) Will their asylum application affect their family-based application in any way?
Click to expand...
 
Triple Citizen said:
A1: Under 12 months on average
A2: Unauthorised employment is overlooked when I-485s are adjudicated for immediate relatives of US citizens
A3: Both applications (I-485s) should be independent of each other
Click to expand...

Thanks you for your response. I was worried that my mom will get in trouble because of those gaps.
When I tried to look up the processing times for I-130 on USCIS for Nebraska Service Center, it gave me 56.7 (!!) months for citizen applying for parent/spouse/child under 21. Am I not looking at the right spot? I was looking at it here: https://egov.uscis.gov/cris/Dashboard.do (processing times on the bottom)
 
Tretik said:
Thanks you for your response. I was worried that my mom will get in trouble because of those gaps.
When I tried to look up the processing times for I-130 on USCIS for Nebraska Service Center, it gave me 56.7 (!!) months for citizen applying for parent/spouse/child under 21. Am I not looking at the right spot?
Click to expand...

Nebraska stopped accepting I-130 applications a few years ago. Now the I-130s are processed in other centers. That 56 month statistic is probably for whatever is still stuck in Nebraska from way back when.
 
New details came up: apparently, she had a gap of 2.5 years w/o valid EAD... Would that affect the situation? How should she handle this: write a letter of explanation and send it with the i-485? Wait for their inquiries?
Thanks!
 
Tretik said:
New details came up: apparently, she had a gap of 2.5 years w/o valid EAD... Would that affect the situation? How should she handle this: write a letter of explanation and send it with the i-485? Wait for their inquiries?
Click to expand...

It has no effect. You must disclose the employment, and nothing more.
 
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