GC for Parents - AOS and CP - Information Source

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by JohnnyCash, Jul 19, 2005.

  1. R2I2005

    R2I2005 Registered Users (C)

    I'm applying for conucrrent-filing GC for my Mother who is 83 yrs old. She is in the US on visitor visa. Here are
    my questions, kindly provide your experience:

    1. Should I apply for extension of her visitor VISA (expires in June) while she waits for adjudication, or is the
    receipt of application sufficient to maintain current status ?

    2. Is it better to file concurrent or separately ?

    3. Are there sample cover letters available in this forum for concurrent GC filing ?

    thanks for your help!

  2. sanket_82

    sanket_82 Registered Users (C)

    I filed my parents I-485 back in January 2017. They are here on visitor visa and their I-94 end date is May 20, 2017. Their fingerprint got over in Feb 2017. But haven't heard from USCIS since then. As present the USCIS status reads "As of April 10, 2017, we are ready to schedule your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number MSCXXXXXXXXXX, for an interview. We will schedule your interview and send you a notice. Please follow any instructions in the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address."

    I am in NJ. Does this take so long for them to schedule and interview? Is this normal?

    Also what happens to my parents I-94? Do I need to file for an extension for their stay?

    Any guidance is appreciated.
  3. newacct

    newacct Well-Known Member

    Don't apply for extension of status. That would involve lying. As long as she is applying for AOS, she can stay in the US.

    Concurrently. There is no point to filing I-130 first.
  4. mcdemmy1

    mcdemmy1 New Member

    Please everyone,
    I found this forum very informative, though I have being on this platform for a while but I have a question which I will be needing your advice in dealing with it. I am trying to file for my parent to come over to United State, I am a US citizen but I am trying to understand the document that will accompany the form. I want to know which form to be filled and the sequence of filling. I will appreciate any advice that can be given.

  5. Pierre82

    Pierre82 Well-Known Member

    Hi @mcdemmy1

    I recommend you check out this link for further guidance https://www.uscis.gov/family/family...arents-live-united-states-permanent-residents

    I hope this helps
  6. GC_desi123

    GC_desi123 New Member

    Can anyone help
    My parents who are on US tourist visa recently visited USA for 6 months and returned to India. I am planning to apply for family based green card for them.

    1. While applying do they need to be in USA
    2. Can they travel from India to USA once the family based green card application is in process ( I mean immediately on tourist visa as they have just left from USA to India)
    3. How long would the process take?
  7. Pierre82

    Pierre82 Well-Known Member

    1- They need to be in India and obtain their green card via U.S. Consulate/Embassy in India.
    2- If they already have a tourist visa, then they can travel but could get some questioning at the POE, if the request for green card is approved and they submitted the DS260
    3- The process takes several years and you can visit this website for more info. https://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen
  8. newacct

    newacct Well-Known Member

    Since they are outside the US they would do Consular Processing in their home country. (If they were in the US they could do Adjustment of Status in the US.)

    Consular processing takes around a year from filing of the petition to getting of the immigrant visa.
  9. 1AurCitizen

    1AurCitizen Registered Users (C)

    Assuming you're a USC, you may petition your parents for permanent residency while they're in India. The process takes a year on average, and they would be interviewed in India under Consular Processing.
    While they're eligible to travel to the US on a valid B visa, the pending I-130 may pose a challenge as they seek to enter on a pending immigrant status. Their best bet is to defer travel until after they have received their immigrant visas.
  10. sanket_82

    sanket_82 Registered Users (C)

    I just got off the phone with USCIS and as per them, Newark field office is processing applications from May 2016. Just wait till you hear anything. When I asked how long should I wait before I can inquire back, she said she has no idea. Is this real? Normally how long should we wait to hear back from USCIS?
  11. KING89

    KING89 New Member

    I won the lottery two years ago, now I’m a permanent resident, and I just got married . My wife was a f1 student but she’s been out of status for at least 3 years’ , I would like to know if it’s safe to file for her so she can be a permanent resident too, or do we need to get her F1 status back before filing for the green card?
  12. newacct

    newacct Well-Known Member

    You can petition for her, and it will be in the F2A category, which has a wait for visa numbers of around 2 years. Also, even when a visa number is available, she cannot do AOS in that category because she has been out of status. I see two options:
    1) She could do Consular Processing abroad. Assuming she was admitted for "D/S" on her I-94, and she hasn't applied for some benefit to USCIS and been denied with a determination that she was out of status, and she hasn't been put into removal proceedings in immigration court, she hasn't accrued any "unlawful presence" yet, but she will start to accrue "unlawful presence" starting August 9, 2018. If she leaves the US after accruing 180 days of "unlawful presence", she will trigger a ban, so she needs to leave before February 2019, and stay abroad while waiting for a visa number to become available for her to do Consular Processing for an immigrant visa.
    2) Or, she could continue to stay in the US until you naturalize (which will be at least 5 years after you became a permanent resident), at which point she will be able to do AOS. And she cannot leave the US in the meantime.
  13. SusieQQQ

    SusieQQQ Well-Known Member

    Wow, no wonder they're changing the rules on that. People really got away with a lot! Out of status for 3 years with no consequence?!

    Also @KING89 , there is zero chance of her getting F1 status back. Newacct's option 1 is probably your best bet.
  14. 1AurCitizen

    1AurCitizen Registered Users (C)

    An applicant such as your wife has to be in some form of legal status to change or adjust status from within the US. The only exception is for immediate members of US Citizens for whom an overstay is forgiven.

    She should preferably follow Newacct's option 1; exit the US and apply for a spousal visa outside the US. Americans don't like anyone being in the US illegally and overstaying their visas.

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