I-130 Pending, I-485 not filed, Need Advance Parole

C

csahu

Registered Users (C)
USCIS rec'd my I-130 (for Mom, who is here on visitor visa) on Sept 15th, waiting for approval. When can I expect the I-130 approval notice? I did not file I-485 along with I-130 because I did not have documents at that time. Mom needs to visit India in February next year. Current I-94 expires on Dec-12th. Can I apply for Advance Parole before I-485 is filed? Or should I file I-485 and Advance Parole (I-131) together w/o waiting for I-130 approval, can it be done? How long does a typical I-131 Advance Parole approval process take (for Seattle Area Applicants)? Please advise.
 
Last edited by a moderator:
Can I apply for Advance Parole before I-485 is filed?
Click to expand...
no

Or should I file I-485 and Advance Parole (I-131) together w/o waiting for I-130 approval,
Click to expand...
yes. With a copy of the notice of receipt.

Or she can leave before I-94 expiration and come back on an immigrant visa.
 
Follow up

Thanks LucyMO,
Doesn't I-485 require a copy of immigrant visa approval notice (please see part 2, box a) when filed seperately? By seperately, I mean not filed along with I-130. Please advise.
 
Thanks LucyMO,

You wrote earlier "Or she can leave before I-94 expiration and come back on an immigrant visa."
a) I want to let you know that my Mom has 10 year multiple entry non-immigrant visa with validity until year 2018, if she leaves USA before I-94 expires. Will there be a problem returning to USA using the non-immigrant visa, because I-130 has been filed for her (but not I-485)?

b) Is immigrant visa same as approval notice of I-130? If she leaves before I-94 expires, will she be allowed to re-enter USA if she has I-130 approval letter or she needs to go USA Embassy outside USA with I-130 approval notice and have immigrant visa stamped on her passport?

c) We can file I-485 once she re-enter USA, She does not have to be out of USA until I-485 is filed and approved, right?
 
The thing is you never know what will happen at these port of entry. My friend did that and got her visa canceled, they said she go home and wait on consular processing. In my view if it's not life and death, I'd say just let her wait on green card.
 
approved I-130 is not the same as an immigrant visa. There is a consular processing involved, filing DS-230, etc.
 
You must log in or register to reply here.
Top