Help: -place of birth issue on Passport in GC Processing

C

chawls

Registered Users (C)
Hello,
I am getting eligible to file GC for my mother. Could you please help me on the followings:

1. Where should we file I130/I485 ( In india or in USA) for her. My mother travels every year in US. Does fillings from USA have any implication in processsing her GC because her I-94 is validated for 6 months normally. She will be out of status in case we file her papers in US. Please advice on your experience.

2. Her place of birth city is not correct on the passport. Due to ignorance/negligence, city of birth is in pakistan and country is India( are printed on the Passport) . What should we do? Please suggest your options and opinions. We donot have her birth certificate too, we have to make affidavit from relative on above.

Thanks for your excellence support.
 
chawls said:
Hello,
I am getting eligible to file GC for my mother. Could you please help me on the followings:

1. Where should we file I130/I485 ( In india or in USA) for her. My mother travels every year in US. Does fillings from USA have any implication in processsing her GC because her I-94 is validated for 6 months normally. She will be out of status in case we file her papers in US. Please advice on your experience.

2. Her place of birth city is not correct on the passport. Due to ignorance/negligence, city of birth is in pakistan and country is India( are printed on the Passport) . What should we do? Please suggest your options and opinions. We donot have her birth certificate too, we have to make affidavit from relative on above.

Thanks for your excellence support.
Click to expand...

1. I130 will have to be filed by petitioner (yourself) in USA regardless of whether you do AOS (in USA) or CP (overseas). Please refer to first page of parents sticky thread in this forum, USCIS website and Dept of State, NVC website for info on AOS and CP. I485 is required for AOS whereas DS230 is for CP.

Once you file I485 for her while she is in US, she will have "AOS pending" status.

2. You may want to get it corrected on passport. In lieu of birth cert, you will need non availability cert from her place of birth in addition to affidavits.
 
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