GC for Parents - AOS and CP - Information Source

Mothers Initial interview for 485

Hello All:

My sister has sponsored my mother for Permanent Resident.

My mother has initial interview for I485 on July 9 at Durham , NC.

We have submitted Affidavit of support, Medical Exam etc when applying for 485.

The interview letter says "You must bring the following items with you" and there is a list if items in there, which include Affidavit of support, Medical Exam..

Please help me with these questions:
1)Since we have submitted them (Affidavit of support, Medical Exam )with the 485 Application, what documents should we take to the interview.
2) Is the interview just a formality or should we prepare for some complex questions etc.

Thanks in advance for your help.
 
Last edited by a moderator:
a dumb question

Folks, apologize in advance for asking a dumb question but I must just to clarify.

Can I sponsor my parents-in-law also besides my own parents for green card?
 
Do we need Non Availability of Birth Cert?

My parents does not have birth certificates, They are going to do the affidavit.
1. Is Rs. 20 stamp paper ok for affidavit?
2. Do they need to get certificate that they do not have birth certificate from Some authority in their birth village? If so from where & what should it mention?
 
Vik Pal said:
Folks, apologize in advance for asking a dumb question but I must just to clarify.

Can I sponsor my parents-in-law also besides my own parents for green card?
Click to expand...

If your spouse is US Citizen then he / she can apply for GC for her/ his parents.
 
Vik Pal said:
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.
Click to expand...


You can apply for extension by sending Notarized copy of the I94. This way she will be free to go back even before the decision is made. My friend said there are guide lines on how many days they can stay after the extension is denied on USCIS site. I have not checked but just heard about it.
Good luck
 
samsung2 said:
Can some one please explain what is LUD? I am preparing to apply soon.
Click to expand...


LUD is short for "Last Updated Date". The online case status page will have a column LUD which gives the date when this application was last reviewed/modified by USCIS. A change in LUD may not neccessarily result in a case status change.

Good luck with your application.
 
samsung2 said:
My parents does not have birth certificates, They are going to do the affidavit.
1. Is Rs. 20 stamp paper ok for affidavit?
2. Do they need to get certificate that they do not have birth certificate from Some authority in their birth village? If so from where & what should it mention?
Click to expand...

Not sure if Rs. 20 stamp paper is ok for affidavit, but if you don't have the birth certicficates, you definitely need the non availability certificate. In my case I had sent in a photocopy with my original app, but still got an RFE asking for the original, which I sent immediately by certified post.
 
Vik Pal said:
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.
Click to expand...
The same thing would happen as if the extension were denied. She would be out of status retroactive to the end of her I-94 stay given at last entry. All the impacts of the denied extension (from my prior post) would apply. Depending on the time it takes to process the I-485 before the denial, she has a good chance of hitting the 6-month overstay window. But to be clear, these same consequences of an I-485 denial would apply whether or not she overstayed prior to filing the I-485.

Vik Pal said:
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.
Click to expand...
She isn't safe on all counts. Entering on a temporary visa with the intent to immigrate is fraudulent, and could result in a permanent ban. When applying for the I-485, you may be asked to show that the entry was a valid temporary one, and she changed her mind at some point after entry.

Vik Pal said:
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.
Click to expand...
I'm not aware of that. It is possible that future entries could be assumed to have immigrant intent, making the temporary visa stay harder to prove at POE. But remember once I-485 is filed, the 485 gets abandoned if she departs (without parole) prior to its approval.

-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
6/6/08 - receipt numbers not up on case status website yet
6/6/08 - out on vacation since 5/25 so not sure if notices arrived...

all, please update your timelines
 
ml_boston said:
The same thing would happen as if the extension were denied. She would be out of status retroactive to the end of her I-94 stay given at last entry. All the impacts of the denied extension (from my prior post) would apply. Depending on the time it takes to process the I-485 before the denial, she has a good chance of hitting the 6-month overstay window. But to be clear, these same consequences of an I-485 denial would apply whether or not she overstayed prior to filing the I-485.


She isn't safe on all counts. Entering on a temporary visa with the intent to immigrate is fraudulent, and could result in a permanent ban. When applying for the I-485, you may be asked to show that the entry was a valid temporary one, and she changed her mind at some point after entry.


I'm not aware of that. It is possible that future entries could be assumed to have immigrant intent, making the temporary visa stay harder to prove at POE. But remember once I-485 is filed, the 485 gets abandoned if she departs (without parole) prior to its approval.

-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
6/6/08 - receipt numbers not up on case status website yet
6/6/08 - out on vacation since 5/25 so not sure if notices arrived...

all, please update your timelines
Click to expand...

Excellent info you gave ml_boston. Thanks very much.

Let me ask you to comment on another scenario. If I file the extension of stay and assuming the extension request is denied, I let her leave immediately (within the 30 day window) and after few months I file her I-130 for Consulate Processing. Her out of status tag will be removed because I will be a USC by then but do you forsee any issues with her Green Card processing?
 
Do we have to send the application to Chicago Lock box?

I plan to file for my parents GC after they come here on visitor visa. Is this a risk?
Do we have to send the application to Chicago Lock box? The initial tread is very old, Do we still have to send the application to the address below?
Chicago Lockbox
U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120
 
Missing Birth Cert

Thanks for answer to my previous question. My parents were born in village in India & they do not have birth cert. As I understand they have to prepare Affidavit & get Non availibility cert. They should contact what agency & what do we have to write for non availibility of birth cert? Do we say that birth registry was not present during that time?
Thanks in advance.
 
Vik Pal said:
Excellent info you gave ml_boston. Thanks very much.

Let me ask you to comment on another scenario. If I file the extension of stay and assuming the extension request is denied, I let her leave immediately (within the 30 day window) and after few months I file her I-130 for Consulate Processing. Her out of status tag will be removed because I will be a USC by then but do you forsee any issues with her Green Card processing?
Click to expand...

If she applies for the extension and says the reason she is doing it is for the green card petition, then it will probably be denied. But by the time they deny you should already be a USC and could file I-485. Since you were always truthful you wouldn't be in a fraud situation.

If she applies for the extension saying some other reason (she wants to tour more of the US, for example), then it could be considered fraudulently asking for a non-immigrant visa with the intent of immigrating on a later I-485. That puts the 485 or any future petition in jeopardy.

If you follow the first option, it is essentially the same as letting her overstay a few weeks, except that she wouldn't have the (low) risk of being put in deportation proceedings while overstaying. However, you would have spent $355 on a likely-to-be rejected app.

FYI. The 30 day window is what USCIS usually gives you in a denied app to leave the US prior to deportation proceedings initiating. If she leaves within 30 days but after the I-94 stay expiration, all the retroactive consequences of overstaying will still apply. That is why USCIS recommends filing extension requests way in advance.

-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
6/6/08 - receipt numbers not up on case status website yet
6/6/08 - out on vacation since 5/25 so not sure if notices arrived...

all, please update your timelines
 
Last edited by a moderator:
Nadodi,

First of all congratulations on your parents approval. My parents case has been transferred to CSC also recently, only I-130 and I-485 though

I had a couple of questions for you

1. Do you think the Background check/Name check is finished when they transfer to CSC?My second LUD after transferring to CSC said, the case is now pending at the office to which it was transferred.

2. Will the EAD and AP still be at Missouri, I guess in your case it did not get approved?

Thanks
 
ml_boston said:
If she applies for the extension and says the reason she is doing it is for the green card petition, then it will probably be denied. But by the time they deny you should already be a USC and could file I-485. Since you were always truthful you wouldn't be in a fraud situation.

If she applies for the extension saying some other reason (she wants to tour more of the US, for example), then it could be considered fraudulently asking for a non-immigrant visa with the intent of immigrating on a later I-485. That puts the 485 or any future petition in jeopardy.

If you follow the first option, it is essentially the same as letting her overstay a few weeks, except that she wouldn't have the (low) risk of being put in deportation proceedings while overstaying. However, you would have spent $355 on a likely-to-be rejected app.

FYI. The 30 day window is what USCIS usually gives you in a denied app to leave the US prior to deportation proceedings initiating. If she leaves within 30 days but after the I-94 stay expiration, all the retroactive consequences of overstaying will still apply. That is why USCIS recommends filing extension requests way in advance.

-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
6/6/08 - receipt numbers not up on case status website yet
6/6/08 - out on vacation since 5/25 so not sure if notices arrived...

all, please update your timelines
Click to expand...

By reading your answers it appears that Green card for Parents is almost impossible to get. How come so many (116K+) GCs are given out to parents each year? Surely most would have visitor's visa also since their kids would have been in US several years earlier. Anyhow, could you tell what reason you gave for extension of visa?
 
Pcc For Parents

Hi all,
My dad studied in another state in India for 2 yrs after he reached 16 yrs.
Do we need to obtain his PCC from that state too?

Thank you
Roseram
 
cscgc said:
Nadodi,

First of all congratulations on your parents approval. My parents case has been transferred to CSC also recently, only I-130 and I-485 though

I had a couple of questions for you

1. Do you think the Background check/Name check is finished when they transfer to CSC?My second LUD after transferring to CSC said, the case is now pending at the office to which it was transferred.

2. Will the EAD and AP still be at Missouri, I guess in your case it did not get approved?

Thanks
Click to expand...

Thanks! I think once case is trasferred to CSC, name check is complete. Now you just wait for the EAD, AP, and I-130/I-485 approvals. In my case, I didnt apply for EAD and AP at all, so I don't know much about it. I thought of applying later online (I read somewhere that was also an option). Good luck!
 
cscgc said:
Nadodi,

First of all congratulations on your parents approval. My parents case has been transferred to CSC also recently, only I-130 and I-485 though

I had a couple of questions for you

1. Do you think the Background check/Name check is finished when they transfer to CSC?My second LUD after transferring to CSC said, the case is now pending at the office to which it was transferred.

2. Will the EAD and AP still be at Missouri, I guess in your case it did not get approved?

Thanks
Click to expand...

EAD I-765 will be approved by MSC. Case to CSC usually show that I-130/I-485 will be approved without interview.

My Timeline for parent Here:
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
 
nadodi said:
I-485 approval notice received in mail, mentions GC will be mailed within 3 weeks!
Click to expand...

Very nice to hear that. At what point can you apply for her SSN?
I mean you may decide to wait for the card but do you know if it possible to apply with the I-130 or I-1485 approval notice copy?
 
You must log in or register to reply here.
Top