I-130/I-485 question

P

PUNITASIC

Registered Users (C)
Hi,

I am a USC and would like to sponsor my parents for GC. I have following questions:

1) If they are in USA on visitor visa (they already have B2 stamp on the passport), can I apply for I-130 and I-485 concurrently? What happens if I-94 expires and the I-130/I-485 is not approved yet?

2) Can they come to USA on B2 while I-130/CP is pending for they?

Which way is fastest route? The reason is that my mother need some medical care and I would like bring them to USA ASAP and keep them for the medical attention (which may take a while). Any help or suggestions would be greatly appreciated. THanks
 
As a USC you can file the I130 for your parents while they are present in the USA.

you can concurrently file the I130 / I485 papers at your local district office other than I130 at the service center and then wait for approval.

Your parents should be fine with their status as long as your file the I130 & I 485 before their I-94 stay expires.

I don't have a lot of info on CP.

but I think them adjusting their status in the USA is a better / faster route.

HTH

Sachin
 
I have a similar situation where I've sponsored my parents too...my take is that CP is faster than the 485 route. However, the drawback is that until the CP processing is over and GC is approved, your parents will not be able to visit the US. On the other hand, the 485 process make take about 9-12 mos longer (depending upon where u apply), but your parents can stay in the US as long as their 485 is pending/approved....& continue to travel overseas & return on advance parole.
Good luck!
 
gc interview for parents

I recently filed for my parents who are visiting me. They have their interview coming soon. Wanted to know, what do they ask in interview? My mom is very much worried.

I have heard in previous posts that "change of intention from non-immigrant status to that of immigrant can result into denial of your application" How should they answer that question? What would happen, if the application gets denied? Can they go for CP in India or I will have to restart from scratch (file I130 after sending them back?)

Jagruti
 
Jagruti,

I too am waiting for my parents' approval at the Dallas office. They filed in Jan 2002 & are still waiting. Where and when did u file for your parents?

I don't think there should be much to worry about changing from a non-immigrant to a immigrant visa. Let us know how the interview goes.
 
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