If a US citizen\'s parents are in US on BI visa, can the US CITIZEN FILE 130 & parents 485 t

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wxyz2001

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If a US citizen\'s parents are in US on BI visa, can the US CITIZEN FILE 130 & parents 485 together?
 
I don\'t think that priority dates are current for Family based applicants for India

I am not sure what category parents fall into but none of the categories are current. Check out the visa bulletin
 
parents falls under "immediate relative" category which has no waiting queue at all

U.S. Immigration law permits unlimited immigration for "immediate relative" , this includes parents, spouse and unmarried children under 21 years old of U.S. citizen .
 
Please need some help/info. on related matter.

Yesterday only I had this conversation with my friend. He has his parents here with him (of course on B1 visa). He hired a lawyer and she apparently file I-130 (but not the 485).

Now my friend is worried that I 130 will not be approved on time (I-94 expiring on July-02 for b1) and his parents will be out of status (mainly because his lawyer apparently informed him that b1 extension will be a problem).

Can his parents now file 485? Will they be in status after getting 485 Receipt? Are there any other way out to solve this problem?

Will be grateful for your advice/suggestions.
 
Please need suggestions/advice on US Citizen/parents issue

Yesterday only I had this conversation with my friend. He has his parents here with him (of course on B1 visa). He hired a lawyer and she apparently file I-130 (but not the 485).
Now my friend is worried that I 130 will not be approved on time (I-94 expiring on July-02 for b1) and his parents will be out of status (mainly because his lawyer apparently informed him that b1 extension will be a problem).

Can his parents now file 485? Will they be in status after getting 485 Receipt? Are there any other way out to solve this problem?

Will be grateful for your advice/suggestions
 
My understanding is

I130 is equivalent of I140.....Even when you parents are out of the US, you can apply for I130 but only difference is they\'ve to choose consular processing..........I\'m sure there would be an option I130 form to choose AOS or CP like in I140.....probably they would have ticked AOS since his parents are here.....if they don\'t get their I130 approved before July probably they can leave the country and opt for consular processing once I130 is approved........To answer your other question, once you get the 485 receipt, your status is legal...

But if he\'s already got a lawyer why can\'t he discuss it with him.....
 
Milli: thanks for your response. One....

issue with my friend\'s parents is that they have sold all their property back home and landed in the US (and at this point it does not serve to discuss whther they did right or wrong). Going back to my second question: if I-130 and I-485 an be filed togethe, can they file I-485 without waiting for I-130 approval?
 
I guess you can file them together.....but i don\'t know

about filing I485 without I130 approval....\'cause I heard if you file them together you apply at your local INS office instead of sending them to your service center....but in this case, you\'ve already applied for I140 which was sent to the service center....and I really don\'t know if you can apply I485 now...it\'s better to consult with an attorney.........
 
go to local INS office, file I-130 and I-485 at the same time.

For parents of U.S. citizen, INS website clear says you can file two thing together, so parents can get EAD, AP before their I-94 expires. please check INS website "How do I? "section and check answer to question" how do I get premanent residence through family-based? "also you can check instructions for I-485 and I-130 on "forms " link at INS website. it has every info your friend needs I think.
 
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