Greencard application while in US

O

omfrad

Registered Users (C)
My parent is in the US on a visitor visa and I am planning to apply for FB1 PR status. I am a US citizen by naturalization. Could someone tell me if:
1. visa numbers (per Dept of State visa bulletin) applies in this case?
2. If it does not, how long does the processing take for both I-130 and 485 AOS? I cannot find dates for these on any service center sites except one.
3. what are the implications if my parent needs to travel outside the US? I suppose a parole visa would be OK? Expiration of the current visitor's visa should have no impact, correct?

Thank you again for your time and attention.
 
omfrad said:
My parent is in the US on a visitor visa and I am planning to apply for FB1 PR status. I am a US citizen by naturalization. Could someone tell me if:
1. visa numbers (per Dept of State visa bulletin) applies in this case?
2. If it does not, how long does the processing take for both I-130 and 485 AOS? I cannot find dates for these on any service center sites except one.
3. what are the implications if my parent needs to travel outside the US? I suppose a parole visa would be OK? Expiration of the current visitor's visa should have no impact, correct?

Thank you again for your time and attention.
Click to expand...

Hi:

Make sure your terminology is correct, since it will help you to not get confused about the process.

You will be filing for your parents as your "immediate relative", i.e. there will be no visa quota restriction.

No-one can give you an exact time for I130/I485 processing --- it depends very much on your district office. It varies from 3 months to 2 years. The district offices do have data from which to make predictions.

File the I131 as part of your I485 if your parent wishes to travel on AP. Your parent should not travel until the AP is IN HIS/HER HAND. Also, I94 "admitted till date" will matter. As soon as the I485 is received and you get a receipt, your parent will be in AOS pending status. However, if the 180 days or more have passed between I94 expiration and AOS receipt date, your parent SHOULD NOT travel on AP, even if approved, since he/she can incur a ban.

A very conservative opinion would be that if there is any overstay involved before AOS pending status commences, the person should not travel with AP.
 
I was wondering if anyone has any recent experience with NYC DO, how long approximately will it take to get I-130 & I-485 filed concurrently to be approved for my parents

Thanks.
~Ling
 
Thank you. Is the marriage certificate for parents an essential document if I am petitioning the USCIS on behalf of only one parent. The other parent is no more. Do have a death certificate to prove this but no marriage certificate. Is an affidavit required then?
Also, we are having difficulty getting the local corporation/municipality to issue a no-birth-certificate-available record. They do not do it routinely. Any alternative? The USCIS website does request a non-availability certificate from a governmental authority in India if birth records do not exist. Thank you.
 
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