GC for Mom/parents

A

ajayksr

Registered Users (C)
My sis is USC and she applied I-130 for mom in Dec, 09. my mom has 10 yr B-2 and she is in US since aug, 09. her I-94 is expiring in Feb 1st week and visa july, 10. what next my sis need to do? file I-485, It may take time and I-94 may get expired. Shall she apply for I-94 extension?

please advise me for the procedure ASAP.
 
Once the I-485 (and associated documents) is filed, she is authorized to stay in the US legally until the GC is approved or denied. So don't apply for an I-94 extension (it is unnecessary and will almost surely be rejected anyway, due to the pending I-130). Since the I-130 is already filed, a copy of the I-130 approval (or I-130 receipt notice if it's not approved yet) must be included with the I-485.

But if she wants to return to her home country to wait while the GC application is in process, she should leave the US preferably before her I-94 expires (but less then 180 days after it expires). And if consular processing was not selected on the I-130, your sister would have to file I-824 to switch to CP.

For more details, see the sticky thread "GC for parents - AOS and CP".
 
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Thanks Jackolantern. I still have one confusion, for I-485 medican examination is required and appointment is another problem. My worry is if I-94 expires before filing or expires before getting receipt, then what to do.
 
ajayksr said:
My worry is if I-94 expires before filing or expires before getting receipt, then what to do.
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Once the I-94 expires, she should avoid areas that are swarming with immigration agents (like airports and border highways) while waiting for the I-485 receipt.
 
I-485 package (with other forms) has been received by USCIS on Jan 26, 10. I -130 was applied in Nov, 09. I -94 expiring Feb 05, 10. We are yet to receive I-485 receipt from USCIS. Can my stay with no trouble beyond Feb 05, 10?

thanks...
 
We have received I-485 receipt on Feb 04. 2010. Now I have another worry. The Visa is expiring in July, 2010. Can my mom stay beyond visa date?
Thank you all...
 
also, we are planning to file GC for father, who will be in US by March first week (2010). His visa is also expiring in July 2010. How much time we should wait to apply for GC after he enters in US?
 
Visa expiry does not matter (in your mother's case).

Wait for 90 days after your father's entry to the US to file for AOS. Else, it will be considered an entry with intent. Apply for your dad via CP and things should get done by July
 
ajayksr said:
also, we are planning to file GC for father, who will be in US by March first week (2010). His visa is also expiring in July 2010. How much time we should wait to apply for GC after he enters in US?
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They won't let him into the US with a tourist visa if they realize that your mother is already in the US with a pending I-485. With your mother having entered with a tourist visa and filed for AOS, they logically will expect your father to do the same.

Have your sister file I-130 for him specifying consular processing, and then he should wait outside the US to interview for the immigrant visa at a consulate.
 
Hi There,

My mom is going to be interviewed on May 26. She do not speak in English and as per the letter (I-797C), she can bring a translator with her. I have following questions:
1. What types of questions are asked?
2. In the notice 797C, under the category “You must bring the following items with you” they are asking “If you have children, bring a birth certificate of each of your child”. Does this apply to my Mom?

An update: my father also have entered USA with no difficulties at POE. they asked about wife which he escaped with witty answer.

You people are of great help.. I sought more advises though..

Thank you All...
 
Hi There,

My mom is going to be interviewed on May 26. She do not speak in English and as per the letter (I-797C), she can bring a translator with her. I have following questions:
1. What types of questions are asked?
2. In the notice 797C, under the category “You must bring the following items with you” they are asking “If you have children, bring a birth certificate of each of your child”. Does this apply to my Mom?

An update: my father also have entered USA with no difficulties at POE. they asked about wife which he escaped with witty answer.

You people are of great help.. I sought more advises though..

Thank you All...
 
ajayksr said:
Hi There,

My mom is going to be interviewed on May 26. She do not speak in English and as per the letter (I-797C), she can bring a translator with her. I have following questions:
1. What types of questions are asked?
2. In the notice 797C, under the category “You must bring the following items with you” they are asking “If you have children, bring a birth certificate of each of your child”. Does this apply to my Mom?

An update: my father also have entered USA with no difficulties at POE. they asked about wife which he escaped with witty answer.

You people are of great help.. I sought more advises though..

Thank you All...
Click to expand...

Hi,
Ajayksr

I am planning to apply GC for my mom and dad. They both have 10 yr multiple entery visa which will be expiring in 2016. My mom is commin to usa in September. I am planning to file her GC when she gets here. Can you please tell me what all applications do i need to file and in what order and when. I was thinking to file for my dad for CP in india.
Do you know if i file for my mom in Sep 2010 how long will it take for her to go through the entire process?
 
ajayksr said:
An update: my father also have entered USA with no difficulties at POE. they asked about wife which he escaped with witty answer.
Click to expand...
What did he say? The officers often note down what is said in the system. If what he said means he is not married even though he is actually married, that may come to haunt him when he applies for the GC.
 
bigbull99 said:
I am planning to apply GC for my mom and dad. They both have 10 yr multiple entery visa which will be expiring in 2016. My mom is commin to usa in September. I am planning to file her GC when she gets here.
Click to expand...

Your plan is a clear case of preconceived immigrant intent, which she is not supposed to have when entering the US with a tourist visa. If they realize at the port of entry that she has a US citizen child who is an adult, they could refuse entry because of suspicion that she will file for AOS.

You should file I-130 for her now with the Consular Processing option. That avoids the immigrant intent and refusal of entry problems that may result from it, and she would get the green card sooner that way. Instead of entering in September to start the GC process which will then take until December or January or February, if you file the I-130 now she would probably get the immigrant visa at the consulate by September or October. Then once she lands in the US with the immigrant visa, she is a permanent resident.
 
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