Honest opinion for a critical situation

D

dvp

Registered Users (C)
Hello All:

I am a US citizen and I have prepared all the paperwork to file for I-130 and I485 for my mom. My mom is currently here in USA on a Visitor visa. Her departure date on I-94 is 0ct 1,2007.

After looking at a lot of Immigration sites, I wanted to apply for I-130 and I-485 concurrently.


I have seen a coupe of recent posts, debating abt applying for I-130 for parents when they are here in USA on a Vistor Visa.


Is it OK to apply for I-130 and I485 at this point?

Or should I wait till she is in India and I can start filing for I-130 etc

Honest opinions needed.

Thanks and take care!!
 
If she can keep staying in the US until approval, file here, as in my opinion, the process is faster in the US, rather than outside US.
 
Make sure you wait at least 90 days from you mom's arrival before filing I-130/I-485, otherwise you will encounter trouble for her arriving on a non-immigrant visa with immigrant intent. (See 30-60-90 rule for more info)

Once the paperwork is filed, I don't believe it matters if she stays past her original I-94 departure deadline because she will remain in-status during the pending I-485.
 
I agree with the previous post. You should wait until 90 days pass by, then you can apply to adjust her status. I think at the time that you file for I-485, if the immigrant is permitted legally to the US and not over stayed, I-485 will gurantee that she will not have any trouble staying here because by filing I-485 her previous visa is useless, or expired without any prejudice. I know this because I used to be an F-1 student and as soon as I filed for I-485, I was able to pay my tuition as a resident, and this was confirmed by the international student office. I think one good thing for you to do is to go and ask to an officer by INFOPASS appointment.
 
I think one good thing for you to do is to go and ask to an officer by INFOPASS appointment.
Click to expand...
no need to do so. After filing for AOS, mom will be in legal "AOS pending" status all the way till it's adjudicated.
 
You must log in or register to reply here.
Top