Congratulation again, emerf!
You will be received GC within a week after they order card. By the way may I know that have you received I-130 approval notice in the mail yet?
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GC for Parents - AOS and CP - Information Source
- Thread starter JohnnyCash
- Start date
You will be received GC within a week after they order card. By the way may I know that have you received I-130 approval notice in the mail yet?
Im sure this has been asked hundreds of times..... Do you have to be 21 or over to sponsor a parent I-130 I-485??? I'm 20 at the moment. thanks
you have to be a us citizen 21 or older.
http://www.uscis.gov/files/article/A1.pdf
Awesome! Congratulations!
Hi, nadodi,
Any new updating happen either on your I-130 or I-485? No update on my side now.
No change in status
LUDs are the same.
Hi, nadodi,
Any new updating happen either on your I-130 or I-485? No update on my side now.
LUDs are the same.
The n-400 timelines sped up significantly over the past few months. The 12-18 month estimate was due to the rush of applicants last summer who were trying to beat the fee increases, combined with the rush off applicants trying to get citizenship in time for the 2008 elections. Check the citizenship forums, there's usually a thread for most service centers, and you can see recent timelines. My guess is you'll make it in time.
Correct, immediate relative petitions ignore overstay status. You can refer to INA 245(c)(2) which says the overstay exclusion does not apply to immediate relatives.
However, the 3/10 year bar still applies. So if your parent overstays for 6+ months, and has to leave for some emergency before filing the I-485 or while the I-485 is in process, she will be banned from reentry for 3 years. If she stays in the US until the I-485 is approved, the ban won't apply.
Also, USCIS can deport her at any time while she is out of status. In the rare event that deportation processes are initiated, you could not do AOS via the I-485.
-ML
Hi, my naturalization interview is coming up in late july and hopefully if everything goes fine I should be done with oath by august. My mom has multiple entry B1/b2 visa and has visited and left on time several times in the past. This time she has to leave by July end. I am planning to file for her extension of stay for 3-4 months or else let her go back and return in two weeks (she has done the return in two weeks a few years back also and there was no problem at all). I am in a dilemma what to do with respect to extension of stay. I might file for extension in June end. The receipt notice might come in 4-6 weeks. After that what i have heard is that it takes 3-4 months to process the request - can someone please confirm this?
If the request to extend the stay is denied then what happens to her status?
If I become US citizen by August how can it help/effect her status if extension request is denied?
If I file her I-130&485 also in August end assuming I am USC by that time then will it be ok or not to continue staying on even if extension request is denied?
If she leaves US before any decision is made by USCIS on her extension and I file her I-130/485 and it is pending how will it affect the green card application?
Please help.
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AP and EAD LUD: 6/2/08
My Timeline
This is for both my parents -
SENT 130, 485, 131, 765 on 2/27/2008
Received Receipt Notices - 03/5/2008
Completed FP on 3/27/2008
Received RFE for Birth Certificate on 3/19/2008
Sent RFE reponse on 3/31/2008
RFE response received by USCIS on 4/3/2008
LUD, Message and EMail from USCIS for 485 - RFE response received and case resumed - 04/06/2008
AP and EAD LUD - 06/2/2008
My Timeline
This is for both my parents -
SENT 130, 485, 131, 765 on 2/27/2008
Received Receipt Notices - 03/5/2008
Completed FP on 3/27/2008
Received RFE for Birth Certificate on 3/19/2008
Sent RFE reponse on 3/31/2008
RFE response received by USCIS on 4/3/2008
LUD, Message and EMail from USCIS for 485 - RFE response received and case resumed - 04/06/2008
AP and EAD LUD - 06/2/2008
My Timeline
This is for both my parents -
SENT 130, 485, 131, 765 on 2/27/2008
Received Receipt Notices - 03/5/2008
Completed FP on 3/27/2008
Received RFE for Birth Certificate on 3/19/2008
Sent RFE reponse on 3/31/2008
RFE response received by USCIS on 4/3/2008
LUD, Message and EMail from USCIS for 485 - RFE response received and case resumed - 04/06/2008
AP and EAD LUD - 06/2/2008
Hi, BM13,
Thanks for posting and your parents AP and EAD will be received soon.
Do you know your parents case pending in MSC or already transfer to CSC?
My timeline here for Parent:
03/03/08 sent package
03/15/08 NOA All
03/31/08 got RFE
04/01/08 sent back RFE
04/03/08 case resumed
04/05/08 FP done for I-485/I-765
04/12/08 got Re-FP notice
04/23/08 2rd FP Done
05/05/08 EAD
Currently case transfer to CSC
05/07/08 I-485 LUD
05/08/08 I-485 LUD
05/19/08 I-485 LUD
No LUD for I-130 as of 04/08/08
Please keep updating so we can share experience, thanks!
LUDs are the same.
Hi, nadodi,
Any movement on your case? No change on my case now, I will keep post as soon as case get updating. Please also keep sharing if you have good news, thanks!
I-130 approved e-mail received!!!
Just received e-mail informing I-130 approval notice mailed. Still waiting for I-485 ...
Looks like BM13, you and me are in the same boat. Good luck to us!
Just received e-mail informing I-130 approval notice mailed. Still waiting for I-485 ...
Updated timeleine...
Updated signature.
Just received e-mail informing I-130 approval notice mailed. Still waiting for I-485 ...
Updated signature.
Updated signature.
Congratulation and good luck!
I just checked the status online and it still says MSC. So, I am not sure why my case has been not transfer to csc ?
BM13
Let's keep checking!
Check the USCIS processing time web site for your area. My extension was done at the 3 months timeframe projected by the web site.After that what i have heard is that it takes 3-4 months to process the request - can someone please confirm this?
She is retroactively considered overstaying from the original I-94 stay expiration date. Her multi-entry visa gets cancelled immediately, and she has to leave the US within 6 months from the original I-94 expiry date to avoid a 3-year ban on entering the US on a future visa. USCIS can also order her into deportation proceedings at any time while she is out of status.If the request to extend the stay is denied then what happens to her status?
No impact. However, the INS can say your extension request was fraudulent since your mom would be requesting non-immigrant extension while actually intending to immigrate. That could result in a permanent ban on her entry into the US.If I become US citizen by August how can it help/effect her status if extension request is denied?
Other than the fraud reason mentioned above, she would be in C9 status per the I-130/I-485 pending app.If I file her I-130&485 also in August end assuming I am USC by that time then will it be ok or not to continue staying on even if extension request is denied?
If she leaves prior to filing the I-485, she can no longer file it. If she leaves after filing the I-485, the i-485 gets abandoned and cancelled. The I-130 would continue and she would have to be processed under the consular process.If she leaves US before any decision is made by USCIS on her extension and I file her I-130/485 and it is pending how will it affect the green card application?
I had the exact same situation. If I requested to extend my father's stay, it would be fraudulent so I didn't do it. If I let him leave, he couldn't come back until I-130 approval.
We ended up having him overstay and be out of status for a few weeks, not filing for an extension. Immediately upon citizenship I petitioned him for I-130/I-485, which forgives the overstay (in the case of a parent).
I am not a lawyer, and made the above decision for myself after numerous consultations with an immigration attorney.
See my similar question at:
http://boards.immigrationportal.com/showthread.php?t=277694
-ML
5/13/08 - Parent I-130/I-485/I-765/I-131 mailed to Chicago Lockbox
5/22/08 - checks cashed, receipt numbers from Missouri MSC
6/3/08 - receipt numbers not up on case status website yet
6/3/08 - out on vacation since 5/25 so not sure if notices arrived...
all, please update your timelines
Check the USCIS processing time web site for your area. My extension was done at the 3 months timeframe projected by the web site.
She is retroactively considered overstaying from the original I-94 stay expiration date. Her multi-entry visa gets cancelled immediately, and she has to leave the US within 6 months from the original I-94 expiry date to avoid a 3-year ban on entering the US on a future visa. USCIS can also order her into deportation proceedings at any time while she is out of status.
No impact. However, the INS can say your extension request was fraudulent since your mom would be requesting non-immigrant extension while actually intending to immigrate. That could result in a permanent ban on her entry into the US.
Other than the fraud reason mentioned above, she would be in C9 status per the I-130/I-485 pending app.
If she leaves prior to filing the I-485, she can no longer file it. If she leaves after filing the I-485, the i-485 gets abandoned and cancelled. The I-130 would continue and she would have to be processed under the consular process.
I had the exact same situation. If I requested to extend my father's stay, it would be fraudulent so I didn't do it. If I let him leave, he couldn't come back until I-130 approval.
We ended up having him overstay and be out of status for a few weeks, not filing for an extension. Immediately upon citizenship I petitioned him for I-130/I-485, which forgives the overstay (in the case of a parent).
I am not a lawyer, and made the above decision for myself after numerous consultations with an immigration attorney.
See my similar question at:
http://boards.immigrationportal.com/showthread.php?t=277694
-ML
5/13/08 - Parent I-130/I-485/I-765/I-131 mailed to Chicago Lockbox
5/22/08 - checks cashed, receipt numbers from Missouri MSC
6/3/08 - receipt numbers not up on case status website yet
6/3/08 - out on vacation since 5/25 so not sure if notices arrived...
all, please update your timelines
Thanks very much ML for your info. Now the only other issue that comes to my mind is that if I let her overstay a few weeks and later file I-130/485 and for some reason they deny 130 or 485 then what will happen. Lets hope it shouldn't come to it but if it does then what are the options available. In our case the good thing is that b1/b2 visa is valid until 2010 so she can actually leave on time and then re-enter in a couple of weeks time. I am lingering towards the second option because then she will be safe on all counts and we will have time for I-130/485 processing as well. But I read somewhere that b1/b2 will automatically cancel if we file 485. Is that true? If it is then going out and then coming in again will be of no use. Isn't it?
What are your thoughts ML? Please share.
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