I130 and !485 concurently for parent while in US

[tobeus_citizen]

I would like to file I-130 and I-485 concurrently for my mom (age>70) who is on B2. I became a USC about a month after she arrived in the US and only recently we made the decision to file for AOS. Now she has about 3 months left, out of 6 she is authorized to stay. I have some concerns about the AOS application and looking for some guidance from this forum, your instructive feedback is greatly appreciated.

1) I read in other threads that it is possible to do an AOS for an immediate relative who is on B2 visa while in the US, but may be challenging to prove “intent not to immigrate” when they entered the US. How can one prove that?

2) If I file AOS and I-485 gets denied b/c she could not prove “1” above, will she become out of status immediately after the denial? Will she have to leave the country?

3) If she goes back to home country after I-485 is denied, can I request to transfer her case to consular processing? And will the denial make it complicated for her to get Green Card through CP?

Thanks for all your help.

 

[nkm-oct23]

There is no need to prove that she did not have intent to immigrate when she arrived on B2 visa.
You can file necessary paperwork for AOS immediately. She won't be denied solely because of any perceived immigrant intent. Do you have all the relevant documentation for her AOS?

 

[TheRealCanadian]

What's she going to do for healthcare?

 

[tobeus_citizen]

Thanks nkm!
I have almost all the docs except her birth certificate which is a bit difficult to get.

What happens if she gets denied I-485 for some reason (say lack of sufficient docs) will she become out of status immediately after the denial? Can I transfer her case to consular processing? And will the I-485 denial have a negative impact on her consular processing?

@ TheRealCanadian,
No sure about that, still working on a sustainable solution. At a minimum she’ll have an insurance for emergency situations, and her usual healthcare needs will have to be without insurance coverage, which is costly but not as much as getting “standard” insurance for her age group which I think can go up to $1K a month if not more. If you have any suggestion/info about getting health insurance at a reasonabe price for the elderly, I will appreciate that.

 

[Jackolantern]

I became a USC about a month after she arrived in the US ...

1) I read in other threads that it is possible to do an AOS for an immediate relative who is on B2 visa while in the US, but may be challenging to prove “intent not to immigrate” when they entered the US. How can one prove that?

You have a good answer right there. When she arrived, you weren't eligible to file for her.

 

[newacct]

What happens if she gets denied I-485 for some reason (say lack of sufficient docs) will she become out of status immediately after the denial?

No. As long as she still has unexpired I-94 for B2 status, she is not out of status.

Can I transfer her case to consular processing?

Yes, I think so.

And will the I-485 denial have a negative impact on her consular processing?

Depends on what it's denied for. e.g. if it's for misrepresentation (i.e. lying to an officer), then yeah, it's going to have a negative impact. Otherwise, I don't see why she would be denied.

 

[jwen06]

LOST I94 card from I-797

Hi all,

I lost my I94 from I797 when I am traveling out of US.

I have the copy of it and I still have the original I-797 form(wihtout the I94 card). My H1B visa is still valid.

Can I re-enter US with only a copy of the I94 from I-797?

Thank you,
Jing

 

[Jackolantern]

Hi all,

I lost my I94 from I797 when I am traveling out of US.

You're not supposed to keep the I-94 when you leave the US. It should have been surrendered at the airport or border when you left the US.

Can I re-enter US with only a copy of the I94 from I-797?

Forget about that I-94. You'll use your H1B visa to reenter the US, and you'll fill out a new I-94 just like you did when you entered the US for the first time.

 

[zgh577]

Filing 485 for parents while they are in US with me.

I filed I130 for my parents, one application for each parent on Sept. 20th. We did not file 485 and 130 concurrently since we don't have time to get all documents ready. We just got the documents ready by now. Now I realized that my parents' I94 had already expired, with the expiration date is: Sept. 24th. Would it be a big problem if I am filing 485 now?

The other question I have is: Could I file for my parents in one I485 filing? When I filed my own I485, my wife was filed with me. My company lawyer did it for us. So I thought it was just one file for one application fee. Now in my parents' case, can I file 485 for them in one file, making one person as principle and the other as dependent?

Thanks in advance for your help!
Max

 

[newacct]

I filed I130 for my parents, one application for each parent on Sept. 20th. We did not file 485 and 130 concurrently since we don't have time to get all documents ready. We just got the documents ready by now. Now I realized that my parents' I94 had already expired, with the expiration date is: Sept. 24th. Would it be a big problem if I am filing 485 now?

No problem at all. Also, there was no point in filing for the I-130 separately, as it does not confer any benefit by itself. You should have waited until you were ready to file both. Anyway, I am assuming you have the receipt for the I-130 now? You will need it to file the I-485.

The other question I have is: Could I file for my parents in one I485 filing? When I filed my own I485, my wife was filed with me. My company lawyer did it for us. So I thought it was just one file for one application fee. Now in my parents' case, can I file 485 for them in one file, making one person as principle and the other as dependent?

Nope, two filings. Immediate relatives can't have derivatives.

 

[zgh577]

Thanks newacct.

No problem at all. Also, there was no point in filing for the I-130 separately, as it does not confer any benefit by itself. You should have waited until you were ready to file both. Anyway, I am assuming you have the receipt for the I-130 now? You will need it to file the I-485.


Nope, two filings. Immediate relatives can't have derivatives.

Thanks a lot, newacct. Your answer really helps.
Max