I-130 and I-485 concurrently?

T

tun_001

New Member
Hello...
I am confused about filing I-130 and I-485 concurrently. Please help me.
Both of my parents and my brother live abroad currently. Do I have to file I-130 and I-485 concurrently for them now? And, what else?
My sister is currently in the US. Again, do I have to file I-130 and I-485 concurrently for her now? And, what else?
Thanks !!!!

Ryan
 
hey Tun_001,

Well you can't file concurrently for your brother or your sister (first of all). Now, you can file concurrently for your mother....IF she is in United States. You cannot file I-485 for her, if she is abroad. I-485 is to adjust status within United States.

Lemme ask you couple of questions: Are you US citizen? Are your brother and sister older than 21? Shed some light on your situation so the senior members can advice you appropriately.
 
Good Day.

I am being filled for along with my married mother and father and younger sister by my grandmother.

Our priority date is Sept. 21, 2001 and my mom and sis are overseas. My mom is overseas for about 7 years n my sis for 4. They would need to have their status adjusted, however, once our priority date becomes current, is their a dead line for us to get the AOS going in terms of paper work? We are aware of the cost but wanted to know how long we have to gather the funds for the AOS because of the high fees...
 
they can't adjust their status if they are not in the US in legal status.
Are you in the US legally?
 
prettybobgirl1 said:
Good Day.

I am being filled for along with my married mother and father and younger sister by my grandmother.

Our priority date is Sept. 21, 2001 and my mom and sis are overseas.
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Overseas as in outside the US? They can't do AOS outside the US, they need to do consular processing instead. You need to be in the US legally to do AOS.

My mom is overseas for about 7 years n my sis for 4. They would need to have their status adjusted, however, once our priority date becomes current, is their a dead line for us to get the AOS going in terms of paper work?
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You have the age-21 deadline (subject to CSPA adjustments), and they must immigrate with you, otherwise you can't immigrate. So that's one deadline, if their wish is for you to accompany them.

Apart from that, they don't have a deadline, except that the visa bulletin cutoff dates can move backwards, so they may be stuck in limbo if that happens before they take action.
 
Jackolantern said:
Overseas as in outside the US? They can't do AOS outside the US, they need to do consular processing instead. You need to be in the US legally to do AOS.


You have the age-21 deadline (subject to CSPA adjustments), and they must immigrate with you, otherwise you can't immigrate. So that's one deadline, if their wish is for you to accompany them.

Apart from that, they don't have a deadline, except that the visa bulletin cutoff dates can move backwards, so they may be stuck in limbo if that happens before they take action.
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my dad and i are not in the US, my mom and sis are and they passed their return date. we also have a lawyer in US who is on the case, bt no indications were made by lawyer that mom and sis couldnt get status straight in US once PD is current, i also used age out calculator and i havent aged out... we were given the AOS fee info to pay once PD is current....my mom and sis can get straightened out then do interview in US or home country? info im getting is a bit conflicting:(:confused: help!!!!
 
Your mother and sister overstayed? If that's true, they cannot get a green card by adjustment of status in the US via your grandmother's sponsorship*. If you told your lawyer about their overstay and he/she didn't tell you that, fire him/her.

Depending on how long they have overstayed, they also cannot get it through the consulate until they have waited out the 3-year or 10-year ban outside the US.

*unless they have been here long enough (before 2001) and qualify for the 245(i) amnesty.
 
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really!!!!! so why would our lawyer tell us that if that cant be done :-( ..ok now im really worried....do u suggest i call nvc for more information???
 
really!!!!! so why would our lawyer tell us that if that cant be done
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Either the lawyer wants your money even though it's a hopeless case, or you didn't tell the lawyer the whole story. And you're not telling us the whole story.

How long have they overstayed, and what was their type of immigration status before it expired? Tourist (B1/B2)? Student (F1/J1)? Work visa (H1B/L1)? Something else? Have they sought asylum or refugee status?
 
my mom overstayed by six years now and its a regular visitors visa (Tourist (B1/B2))...the same for my sis and she overstayed for 2 years now...do u have lawyers who actually have a work around for cases like mine...because if thats not possible then he definatley just wants my money...im going to consult another lawyer about this because im not going to pay for a hopeless case....im so sad...i had no idea that this would happen and that AOS couldnt be done if they overstayed....i cant beleive this may be the end of me waiting for 9 yrs and some mnths :-( i really cant believe, if only i knew, i was only 12 when this all started :-( :-( :-(
 
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