File I-130 for B2 or not?

G

gcfaq

Registered Users (C)
My dad holds a B2 visa here valid to early 2010. His flight ticket back to the home country is in middle of August and his I-94 is valid to that time too.

I am a US citizen and want to apply a green card for him. If I file I-130 today I only have 2.5 months before he departs back to home country. So I hesitate to apply because of the time and the following questions:

1. Can the dad travel to the home country after filing I-130 w/o I-131? Does he have to be physically in US? Or it's better to be here?

2. Can he still use his multi-entry B2 visa valid through early 2010 to come to US again in late 2009 after filing I-130? Will the port deny him from entering to the US because of his pending I-130? Do I need to apply an AP for him? But the time may not be sufficient.

3. What's the the procedure to apply green card for him? Can I file I-130 and I-485 together? Will the fingerprint be scheduled? At what time frame? Is that okay for him to complete his fingerprint and go back to home country and then come back for I-485 interview? Is I-485 interview a must for the procedure?

Can anyone answer my questions? Appreciated!
 
gcfaq said:
1. Can the dad travel to the home country after filing I-130 w/o I-131? Does he have to be physically in US? Or it's better to be here?
Click to expand...
It is actually better (legally) for him to be outside the US and wait for the I-130 via consular processing instead of entering with a B2 and then trying to adjust status. If they knew up front that he was going to file to adjust status, they wouldn't have let him enter the US with the B2 visa.
2. Can he still use his multi-entry B2 visa valid through early 2010 to come to US again in late 2009 after filing I-130? Will the port deny him from entering to the US because of his pending I-130? Do I need to apply an AP for him? But the time may not be sufficient.
Click to expand...
Once the I-485 is filed, AP will be necessary for him. Otherwise, departing the US will cancel the I-485. If the I-130 alone without the I-485 is filed, the B2 remains valid, but they may still refuse entry because of the immigrant intent issue.
3. What's the the procedure to apply green card for him? Can I file I-130 and I-485 together?
Click to expand...
Yes they can be filed together. Or you can file the I-130 alone and request consular processing, and no I-485 would be involved (he would interview for the green card at a consulate after I-130 approval).
 
Thanks a lot, Jackolantern and baraider!

I know someone has successfully applied a green card for his parents who came to the US by B2 and stayed here w/o a valid status (expired I-94 and B2) before the green card is approved. So, it sounds like it's okay to apply I-130/485 for a B2 in US and it could be faster than do it through CP because the beneficiary is physically in US who can walk into the office for an interview instead of visiting the consulate. Is this right?

If apply a green card through CP is the fingerprint needed? Where to do the fingerprint? Thanks!
 
gcfaq said:
I know someone has successfully applied a green card for his parents who came to the US by B2 and stayed here w/o a valid status (expired I-94 and B2) before the green card is approved.
Click to expand...
People do it, but it is not really OK. Thousands of people around the world are denied B2 visas every day just because of the suspicion that they will attempt I-485. Going from B2 to I-485 also adds to the overstay statistics of that country, making people from that country more likely to be denied when they apply for a B2. In particular, it would make your close relatives have a tough time trying to get a B2 in the future. And depending on the circumstances, the I-485 can be denied as a result of entering with the B2.
So, it sounds like it's okay to apply I-130/485 for a B2 in US and it could be faster than do it through CP because the beneficiary is physically in US who can walk into the office for an interview instead of visiting the consulate. Is this right?
Click to expand...
Actually, no. Consular processing is usually faster than I-485, and for an immediate relative case like this one it usually is completed very shortly after I-130 approval. And you can file the I-130 with the CP option now while your father is still in the US, so that when he returns later this year it would be almost time for his appointment at the consulate.

Being in the US for AOS doesn't mean the beneficiary can just walk into a USCIS office when they feel like it and get anything done faster. USCIS controls the dates for the fingerprinting, interview, background checks, and other processing.
If apply a green card through CP is the fingerprint needed? Where to do the fingerprint? Thanks!
Click to expand...
At the consulate itself, or at another designated location in the same country where the consulate is located. If CP is chosen, the consulate will be in contact with your father regarding when and where to do the fingerprinting. It would happen only after the I-130 is approved.
 
Thanks a lot, Jackolantern and Triple Citizen!

The problem for CP is the multiple travel and visits for the consulate from the hometown in the home country. This is truly hard for senior people who have bad physical condition.

I don't know why "it is not really OK" to change B2 to GC while they are in US. Does this only affect the other people to apply B2 from the same country or it will affect the AOS approval? The country allows people to immigrate but meanwhile limit the immigration which is sort of contrary. So it's reasonable for a B2 to change to GC while the sponsor changes to a US citizen, isn't it?

So, it sounds safe to apply I-131 while file I-130 and I-485, but is it possible to get I-131 approved before my dad leaves for home country in 2.5 months? Or it doesn't matter as long as a I-131 is filed? Thanks!
 
The problem for CP is the multiple travel and visits for the consulate from the hometown in the home country. This is truly hard for senior people who have bad physical condition.
Click to expand...
That fact existed before your father arrived in the US. He shouldn't use that as an reason if they ask why CP wasn't chosen. USCIS needs to be convinced that it is only after arriving in the US that something changed to make him choose AOS, not that he had a pre-existing motivation to choose AOS.
gcfaq said:
I don't know why "it is not really OK" to change B2 to GC while they are in US. Does this only affect the other people to apply B2 from the same country or it will affect the AOS approval?
Click to expand...
Both. The AOS may also be denied on the basis that the applicant entered the US with the intent to immigrate from B2 status, and people with close relatives in the US are routinely denied visas because of the expectation that they will attempt to immigrate.
The country allows people to immigrate but meanwhile limit the immigration which is sort of contrary.
Click to expand...
US immigration law and USCIS procedures are full of contradictions. If they don't want people to immigrate from B2 status, they should simply make it standard procedure to reject all AOS applications coming from B2 status (or B2 overstays). But that's not how they operate.

The Advance Parole must be approved before he leaves the US, otherwise the I-485 will be considered abandoned if he leaves before it is approved.
 
Jackolantern said:
people with close relatives in the US are routinely denied visas because of the expectation that they will attempt to immigrate.
Click to expand...

This.

gcfaq, would it bother if you another of your relatives applied for a B visa, and had the consul reject it in under 30 seconds without even asking them a question? It happens to plenty of folks every day.
 
Thank you, Jackolantern and TheRealCanadian!

What's (or where to find) the processing time of I-130, I-131, fingerprint, and I-485?

Thanks a lot again!
 
You must log in or register to reply here.
Top