Filing for Permanent Residency for parents

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pankaj21

New Member
I am filing a petition for permanent residency my parents.

Since a friend told me that the rules may have changed recently, I would appreciate if some one could confirm the following:

1. Can one file I-130 and I-485 together?
There is a notice on USCIS website that says one has to wait till a visa number is available. Not sure if that means, I-485 cannot be filed together anymore.

2. If an I-130/I-485 has been submitted, would there be any problems for my parents to enter the US based on their multi-year tourist visa that they have been using to come to the US?
 
485 is filed only when the benefitiary is IN the US. If they are not YET in the US even filing I-130 may jeoperdize their visitor visa which is predicated on showing no immigrant intention. You should file I-130 only after they arrive in the US. Both 130/485 to be filed same time. There are no limitations for US citizen filing for parents and so visa is always available. If they will need to go back overseas after filing they will need to us an AP - else application is considered abandoned.
 
similar question

I have a similar situation with my mom and my sister. My sister already has 5 year multiple visitor's visa and she already has been in the US once. If my Mom files I-130 /I145 together. My Mom is USC and my sister is married , over 21.
can she go back and forth or she needs AP?
can she live in the US and ignore the entry date of six month, she receives when she enter the US?
can she work in the US?
 
zeeman said:
I have a similar situation with my mom and my sister. My sister already has 5 year multiple visitor's visa and she already has been in the US once. If my Mom files I-130 /I145 together. My Mom is USC and my sister is married , over 21.
can she go back and forth or she needs AP?
can she live in the US and ignore the entry date of six month, she receives when she enter the US?
can she work in the US?
Click to expand...
In your case there is a limitation on the visas. Since the date is not current (look up dos bulletin) 485 can be filed only when the date is current. She will need to maintain independent status until her GC is approved. She would need visitor visa to enter the US but he visitor visa could be denied because she HAS shown immigrant intention through filing of I-130. Tough call!
 
In_durham said:
485 is filed only when the benefitiary is IN the US. If they are not YET in the US even filing I-130 may jeoperdize their visitor visa which is predicated on showing no immigrant intention. You should file I-130 only after they arrive in the US. Both 130/485 to be filed same time. There are no limitations for US citizen filing for parents and so visa is always available. If they will need to go back overseas after filing they will need to us an AP - else application is considered abandoned.
Click to expand...

Whats the difference in time for a US citizen sponsporing his parents GC while they are abroad and while they are in the US? I know its faster when they are in the US....but was just wondering what a comparision time frame was....x months vs. y months?
 
In your case there is a limitation on the visas. Since the date is not current (look up dos bulletin) 485 can be filed only when the date is current. She will need to maintain independent status until her GC is approved. She would need visitor visa to enter the US but he visitor visa could be denied because she HAS shown immigrant intention through filing of I-130. Tough call!

Thank for your answer.
She already has a 5 year visa, you think she can be denied entry in the US because she has an an intent to immigrate or you are talking about the Visitor visa after this current one expires.
Can she continue to visit US after my mom files I-130.

thanks again
 
zeeman,

Your sister falls under the thrid preference category and would have to wait for a couple of years before the I-130 can be approved and PD to be current.

Once I-130 is approved and PD is current, she becomes eligible to apply for I-485, I-765 and I-131. Till that time, if she is in US, she has to maintain her own legal status. If she is not in US, it would be very difficult for her to enter US with a visitor visa as she might get sent back from the POE. If that happens, then chances of her not able to enter US are pretty high.
 
jac2005,
That depends for AOS in your distric offices, there are some that are very fast and can take less to 6 months. Others way more to up a year or a little bit more. As for CP then it depends in the National Visa Center to approve your petition and the Consulate (Department of State). There are no registered processing times for Consulates.
 
zeeman said:

She already has a 5 year visa, you think she can be denied entry in the US because she has an an intent to immigrate or you are talking about the Visitor visa after this current one expires.
Can she continue to visit US after my mom files I-130.

thanks again
Click to expand...


Having a visa does not entitle one to being admitted. She could be denied entry at POE if the office determines that she has immigrant intention - filing of I-130 automatically infers that.
 
I have a question:

The I-130 is filed by a US citizen or Permanent Resident; it can be filed without the beneficiaries knowledge. Therefore, by what mechanism is the filing of the I-130 by the petitioner a demonstration of an intent to immigrate by the beneficiary? The beneficiary may be totally clueless about the I-130.


I'm just trying to connect the dots.
 
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