GC for Parents - AOS and CP - Information Source

asdasd said:
Does it matter, if the parents for whom we are applying are not staying in the same city or state as you.

e.g.

I apply for my parents, but they are staying with my brother(he is not a citizen of US). Could all there FP and interview be done, without my need to go be present with them??
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No, it's not necessary for parents to live with the sponsoring children. It's not a marriage based case wherein USCIS MIGHT doubt the legitimacy/bonafide of the marriage if both parties are not living together. Even in a marriage case it's okay if both parties live separately or in a different state so long a valid reason could be provided as to why along with other evidences of the relationship...such as parties are living away because of schooling or job or some project etc...This kind of separate living must be temporary though. In that case, parties could submit transportation ticket to prove that they do go to see their other half in other place, hotel receipts, calling history, spending offs or holidays together, etc.

The case in hand is a parents-children kinda one. Thus, it's more than be okay for parents to live anywhere they want except with one exception. Their other place of residence shouldn't be parmanent; otherwise local USCIS office, where their application is pending, will lack the jurisdiction on their case to adjudicate it. So long they don't tell to anyone about living else where and will come back to do FP and interview, it's fine. And yes, OP doesn't need to be with his parents at the time of FP and interview since this is not a marriage based case. As a matter of fact, OP's parents might be able to get their GC without any interview as it's happening a lot lately.

Good luck...
 
Yes, you can apply for your father right away now, and your father won't have any issue/problem in getting his GC so long you guys are not filing for his GC within 3 months of arriving. But if your father is in the country only for the last 90 days then officer MAY questions immigrant intent of him when he entered into the US. Why? Because whenever someone files for an immigrant visa (green card or permanent residency) within 90 days of arrival on a non-immigrant visa (like visitor visa or business visa) then USCIS automatically suspects that the person already had immigrant intent when s/he entered into the country, and using a non-immigrant visa for immigrating purpose is a violation of immigration laws.

But that doesn't mean that USCIS will always and definately be denying the application of someone who files the application to adjust his/her status within 90 days of arrival. USCIS will determine the situation on a case-by-case basis, and will weigh the whole situation of the application than denying the application right out.

Good luck...

farsez said:
i became citizen recently and may apply for my father only.now he has pending case with uscis(change of visa).i dont want to do anything wrong so my question is that can iapply for my dad while his case pending.it has been almost 3 months and they have not sent us the decision.
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JohnnyCash said:
Yes, you can apply for your father right away now, and your father won't have any issue/problem in getting his GC so long you guys are not filing for his GC within 3 months of arriving. But if your father is in the country only for the last 90 days then officer MAY questions immigrant intent of him when he entered into the US. Why? Because whenever someone files for an immigrant visa (green card or permanent residency) within 90 days of arrival on a non-immigrant visa (like visitor visa or business visa) then USCIS automatically suspects that the person already had immigrant intent when s/he entered into the country, and using a non-immigrant visa for immigrating purpose is a violation of immigration laws.

But that doesn't mean that USCIS will always and definately be denying the application of someone who files the application to adjust his/her status within 90 days of arrival. USCIS will determine the situation on a case-by-case basis, and will weigh the whole situation of the application than denying the application right out.

Good luck...
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tahnks john for your answer.he has been here more than 5 months and still has pending case from tourist to esl student visa.if i apply as of today for him would that be considered violation.in other words they may say he has pending case for change of visa and you are applying for GC.
 
As I said earlier that your father wouldn't be considered violating any immigration laws if an immigrant petition is filed on behalf of him now because he is living here for more than 90 days. Also, it's completely okay for him to adjust his status despite of pending extension of visa application.


farsez said:
tahnks john for your answer.he has been here more than 5 months and still has pending case from tourist to esl student visa.if i apply as of today for him would that be considered violation.in other words they may say he has pending case for change of visa and you are applying for GC.
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Fingerprints done

We went to the ASC at 285 N.Broad St, Elizabeth, NJ for fingerprints. The process was extremely smooth and very well organized. It was a pleasant surprise compared to the process I went thru in the past. Our appt was at 9AM and we were out by 8.40 AM.
 
gvjagan said:
We went to the ASC at 285 N.Broad St, Elizabeth, NJ for fingerprints. The process was extremely smooth and very well organized. It was a pleasant surprise compared to the process I went thru in the past. Our appt was at 9AM and we were out by 8.40 AM.
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Hi gvjagan,

If I may ask you reagrding the RFE. What was originally submitted for I-130 and what was asked for by USCIS?

Thanks in advance.
 
I submitted the following with the original application:

1. Non-availability certificate from Indian municipality.
2. School certificate that showed only date of birth and father's name (I shouldn't have given this) which probably triggered the RFE.
3. Affidavits from parents (dated 2001).

In the RFE, I was asked to submit evidence of date of birth and the relationship between petitioner and applicant.

I submitted the following with the response:

1. Birth certificate from Indian consulate in NY (based on my Indian passport details).
2. Non-availability certificate from Indian consulate (says that birth registrations were not mandatory in India prior to June 1969).
3. Same two affidavits from parents. Taking cue from JohnnyCash, I did not get fresh affidavits.

I am hoping they will accept.

Hope this helps.

Disclaimer: I am not suggesting that it should be done this way...just sharing the information.

uk01 said:
Hi gvjagan,

If I may ask you reagrding the RFE. What was originally submitted for I-130 and what was asked for by USCIS?

Thanks in advance.
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CP Process

Hi All,
My parents arrived in US in first week of January and they are leaving on 30th June. I want to file a petition for their immigration. Can I start a CP application while they are here? Also how much time CP is taking? I am in California and my parents' home consulate would be Delhi Embassy.

Also I could file for AOS but the problem is that my parents have to travel to India end of June and they cannot come back for next 9-10 months, so I am not sure how AOS/AP etc would work out?

Please provide your suggestions.

Thanks
-Victor
 
Yes you can start the CP process while they are still in the US. Should take 8-12 months. Stick with the CP route and don't even consider the AOS route.

Victor2009 said:
Can I start a CP application while they are here? Also how much time CP is taking? I am in California and my parents' home consulate would be Delhi Embassy.
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gvjagan said:
I submitted the following with the original application:

1. Non-availability certificate from Indian municipality.
2. School certificate that showed only date of birth and father's name (I shouldn't have given this) which probably triggered the RFE.
3. Affidavits from parents (dated 2001).

In the RFE, I was asked to submit evidence of date of birth and the relationship between petitioner and applicant.

I submitted the following with the response:

1. Birth certificate from Indian consulate in NY (based on my Indian passport details).
2. Non-availability certificate from Indian consulate (says that birth registrations were not mandatory in India prior to June 1969).
3. Same two affidavits from parents. Taking cue from JohnnyCash, I did not get fresh affidavits.

I am hoping they will accept.

Hope this helps.

Disclaimer: I am not suggesting that it should be done this way...just sharing the information.
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Thanks. That will be helpful.

What have you submitted as birth certificate for your parents in I-485? If I interpret correctly, birth evidence is required for AOS as well.
 
uk01,

I got birth certificate from Indian consulate in NY for my mother. I also attached a certificate of non-availability of birth registrations. I didn't get any affidavits (I thought I will get affidavits if there is an RFE).

BTW, I keep referring to "affidavits" because no other secondary evidence is available or possible to get in my case. If other secondary evidence is available that shows all required information (date of birth, place of birth and parents names), it can be used.



uk01 said:
Thanks. That will be helpful.

What have you submitted as birth certificate for your parents in I-485? If I interpret correctly, birth evidence is required for AOS as well.
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Triple Citizen said:
Yes you can start the CP process while they are still in the US. Should take 8-12 months. Stick with the CP route and don't even consider the AOS route.
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Thanks for your response Triple Citizen.
Any particular reason you say dont even consider AOS route? Also is CP route easier? Also can they travel to US on Visitor Visa when their CP is being processed?
 
gvjagan said:
uk01,

I got birth certificate from Indian consulate in NY for my mother. I also attached a certificate of non-availability of birth registrations. I didn't get any affidavits (I thought I will get affidavits if there is an RFE).

BTW, I keep referring to "affidavits" because no other secondary evidence is available or possible to get in my case. If other secondary evidence is available that shows all required information (date of birth, place of birth and parents names), it can be used.
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Thanks. My case is identical to yours. I will stay tuned to your updates / experiences as you make progress. Do expect questions from me in future. :)
 
Finally got the welcome letter.. Was getting nervous since I saw many approvals online from November. The online status still has LUD 03/08/09..

Looks like transfer to CSC does get things done quicker - no interview - 4 mos 3 weeks in our case...

Good luck to everyone out there, and hope to get the actual card soon
 
drgeorge said:
Finally got the welcome letter.. Was getting nervous since I saw many approvals online from November. The online status still has LUD 03/08/09..

Looks like transfer to CSC does get things done quicker - no interview - 4 mos 3 weeks in our case...

Good luck to everyone out there, and hope to get the actual card soon
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congrats.. grgeorge.you made it
after johnncass recomendetion i am planning to apply for my father soon and he is usa.
but i have couple of questions.
1)there are 4 tpypes of G435 forms(435,435A,435B,435C) i dont know which one i should fill.
2)in one of forms it is asking his current status.
he came here as tourist and his 1-94 has been expired 2 months ago.
he applied to change his status from tourist to student.so his current status is still pending.what should i write in that part.
3)do i need to translete his marriage certificate.i think in one of the post i seen that if you apply only one of your parents you should not translate.Is this correct.
Thanks in advance
 
JohnnyCash said:
As I said earlier that your father wouldn't be considered violating any immigration laws if an immigrant petition is filed on behalf of him now because he is living here for more than 90 days. Also, it's completely okay for him to adjust his status despite of pending extension of visa application.
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Thanks jhonn i will start preparing his doucments.and will post as i proceed.
 
CSC phone no? 6 months with CSC..

Hi,

Is there a phone number we can call to check the status of GC appln? For my mom, it has been almost 6 mo since case was transferred to CSC :

9/30/08 : Application sent for parent (I-130, I-485)
10/3/08 : Notice date
10/27/08 : I-130 & I-485 transfered to CSC for processing
12/19/08 : Fingerprint Done
01/13/09 : Last update date for I-485, 11/5/08 : LUD for I-130

Calling 18002755283 does not help - is there a CSC phone number to speak with a live person or any other way to check the status?

Thanks,
rkbk
 
Last edited by a moderator:
There is no CSC phone number for you to follow up on your mom's case. You SHOULD call the same number and ask the first operator to transfer your call to immigration officer. Upon transfer, you will be able to check the status of your mom's case. If the case is past the processing time in that jurisdiction, the officer might be able to send out Status Inquiry to remind or get the file moving. However, keep that in mind that officer MIGHT not speak with you since you are not the applicant.

Secondly, you will get a rough time to be transferred to immigration officer by those operators who come on the line first unless you know how to trick them out which most people do by saying that they have filed so and so application and haven't received any reciept or anything for more than 60 days which will autormatically prompt them to transfer your call to immigration officer and at that point you can ask the immigration officer whatever you want regardless of what you said to the operator in order to be get tranferred. If you will say about receiving any receipt then operator will ask that number and will not transfer your call. Plus, you can say about filing whatever application...doesn't have to be the one that you filed for your mom...Also, you don't need to tell to operator about inquiring your mom's case; rather tell them about your case. This is just a trick to get transferred to immigration officer on 800 number.

Good luck...

redkitebluekite said:
Hi,

Is there a phone number we can call to check the status of GC appln? For my mom, it has been almost 6 mo since case was transferred to CSC :

9/30/08 : Application sent for parent (I-130, I-485)
10/3/08 : Notice date
10/27/08 : I-130 & I-485 transfered to CSC for processing
12/19/08 : Fingerprint Done
01/13/09 : Last update date for I-485, 11/5/08 : LUD for I-130

Calling 18002755283 does not help - is there a CSC phone number to speak with a live person or any other way to check the status?

Thanks,
rkbk
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2nd FP notice recieved?

I just received a 2nd FP notice for my Mom's I485. It says that the first ones were not readable by FBI. The date and time on the notice is for May 1. I wanted to find out if we can just walk in there in the next couple of days to get it done sooner than May 1?? The location is Naperville, IL.

Here is the timeline for my Mom,

Mailed to USCIS 10/14/2008
NOA Received 10/20/2008
Biometrics Completed 11/12/2008
RFE Response 12/4/2008
Case Transferred to CSC 12/16/2008
EAD ordered 1/17/2009
EAD received 1/29/2009
2nd FP Notice 04/22/2009
I-130 Approval ??
Interview Scheduled ??
GC Received ??
 
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