Filed I-130 in Feb-07 for parents.... Filing 485 before approval.. Need advice !

M

mastmastana

Registered Users (C)
Hi All,

I filed I-130 for my parents in Feb-07 with AOS processing in Newark.

At that point of time, I did not file 485/131/693.
I have not received approval/communication on I-130 petition.
My parents came to US on visitor visa in Jan-07 and have valid visa till JUN-07.

What should I do now so that parents can stay past JUN-07 ? If they stay here, what will be there status after JUN-07.... can they stay based on pending I-130 ?

I am planning to file 485/131/693 now. Can they stay based on pending 485 ?

Please advice !

Thanks
MM
 
mastmastana said:
Hi All,

I filed I-130 for my parents in Feb-07 with AOS processing in Newark.

At that point of time, I did not file 485/131/693.
I have not received approval/communication on I-130 petition.
My parents came to US on visitor visa in Jan-07 and have valid visa till JUN-07.

What should I do now so that parents can stay past JUN-07 ? If they stay here, what will be there status after JUN-07.... can they stay based on pending I-130 ?

I am planning to file 485/131/693 now. Can they stay based on pending 485 ?

Please advice !

Thanks
MM
Click to expand...
Yes, they would be in pending I-485 status, which is a legal status, once they have I-485 in process.
 
I am also in a similar situation. My Father came to US 10 days ago and will be here until the end of October 2007.

I am planning to file his I-130/I-485/I-131(Adv Parole) concurrently. If I-130 and I485 is still pending beyond Oct., can he continue to stay here until the green card is approved?

If he is legally allowed to stay in US beyond October 2007 (pending 131 and 485), is there a good chance for him to get his advanced Parole( 131) for him to make a travel in Early March 2008? Is it possible at all?

Any inputs is very much appreciated

Thanks & Regards
 
Assuming you are a US citizen (you don't say), your Father will be able to remain in the USA as long as his I-485 is in process, regardless of when his visitor visa runs out.

If you file AP now, then there is an excellent change (read close to 100%) that your father will have it by March 2008. AP normally takes around 60-90 days.
 
Thanks for your response, Anahit.

1) Once they file 485, would they get a receipt/document that will mention there new status ?

I was wondering if USCIS has published some information on this ?

2) Can we file the I-485/I-131/693 now ( already filed 130 in FEB-07).
Will this count as "Consurrent Filing" ?
Anything special to be done in the filing process, as we are filing it later.


Thanks
 
mastmastana said:
Thanks for your response, Anahit.

1) Once they file 485, would they get a receipt/document that will mention there new status ?
Click to expand...
You get form I-797 "Notice of Action" when you submit AOS. This should be enough to prove status to any official that needs to see it.


2) Can we file the I-485/I-131/693 now ( already filed 130 in FEB-07).
Will this count as "Consurrent Filing" ?
Click to expand...
"Concurrent" filing would be when you filed I130/I-485 together. You can do what you suggest however, you just need to send in a copy of the receipt notice you got when you filed I-130.
 
After I filed the I-130 petition, USCIS sent me I-797.

So my question is :
-- Should I wait for the i-130 approval and then file 485 or
-- File 485 now.

Which one is recommended?

Appreciate your help !
 
You don't have to wait for I-130 approval as I said above. You can file I-485 now with a copy of the I-130 receipt notice.
 
Question on Form 131.. Help with Part #7

Hi All,
I am filing form 131 (in addition to 485) for my parenst who are currently in US on Visiitor visa.

Part #7 states that for advance parole, the following is to be done :

"On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrantissuance of advance parole. Include copies of any documents you wish considered".

Can anyone provide the sample text of the explanation ?

Thanks
 
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