GC for parent currently in US

[happyface1976]

My mom is currently in US and I am planning to apply for GC. She will be going back to India in 2 months and planning to come back in 5 months.

Wondering how should I apply?

1. I-130 and I-485 togather:
- How long the approval process would take?
- If I-130 and I-485 approved what is the next step?
- Would there be issue coming back to US on visitor visa?

2. I-130 first and after approval I-485:
- How long the approval process would take?
- If I-130 approved what is the next step?
- Would there be issue coming back to US on visitor visa?

Please help on this.

Thank you in advance for your help.

 

[nkm-oct23]

1. Once she files I-130 and I-485, her visitor visa is automaticlaly invalidated. She will need Advance parole to return to US after filing, use form I-131 to file for Advance parole.

2. If only I-130 is filed, and she leaves US, she might find it difficult to re-enter and she might be denied entry.

Option 1 is the better option for her.

There is fingerprinting involved with I-485 and it is best if the applicant remains in the US for it.

There is another option - file I-130 now and process subsequent steps in a US consulate abroad.

 

[dhlunar]

1. Once she files I-130 and I-485, her visitor visa is automaticlaly invalidated. She will need Advance parole to return to US after filing, use form I-131 to file for Advance parole.

2. If only I-130 is filed, and she leaves US, she might find it difficult to re-enter and she might be denied entry.

Option 1 is the better option for her.

There is fingerprinting involved with I-485 and it is best if the applicant remains in the US for it.

There is another option - file I-130 now and process subsequent steps in a US consulate abroad.

Advance parole takes some time to approve, about 3 months, and your mom will not be allowed to leave the US until she either has the advance parole or GC in hand. Also, there is a chance that she will be called up for an interview at the local USCIS office to complete the I-485 process. The office selected will be based on the zip code of the US address on the I-485.

Is your mom leaving in 2 months due to the expiration of her I-94 entrance stamp? Once the I-485 is filled then the applicant is allowed to stay passed the expiration of their I-94 even if their case has not been decided yet.

Since there is a good chance that your mom will not have the AP (Advance Parole) by the time she wants to leave in 2 months, there is no harm in waiting to file the I-130 and I-485 until after she returns to the US in 5 months.

 

[Jackolantern]

My mom is currently in US and I am planning to apply for GC. She will be going back to India in 2 months and planning to come back in 5 months.

That's not a very viable plan. She'll need Advance Parole before leaving the US, and that may take 3 months. Even if she waits the 3 months before leaving, the interview is likely to happen in the few months after that, when she would be in India.