Parents/Dependents GC/140/485

L

LonelyDove

Registered Users (C)
Friends,

I had heard one time that if someone gets citizenship and his/her parents or dependents are already in US (on whatever visa) then you can directly file for change of status (I-485) for them so they get there GC. IS that true?

Thanks
 
LonelyDove said:
Friends,

I had heard one time that if someone gets citizenship and his/her parents or dependents are already in US (on whatever visa) then you can directly file for change of status (I-485) for them so they get there GC. IS that true?

Thanks
Click to expand...
True. After getting citizenship one can file I-485 concurrently with I-130 for his/her parents if they are already in US.
 
For immediate relatives of US citizens (parents, spouse and children < 21 yrs), you can file I-130 AND I-485 concurrently irrespective of their visa status here. You can also apply for their EAD and AP if they need.
 
Should I

Friends,

I hope to be citizen in the first week of Dec (if no name check problems). I have following questions regarding sponsorships of my parents.

1. At that point of my becoming USC, if my parents are not in US, can I still file for 130/485 them later when they visit me or I they should be here already

2. If they go for visa afterwards (they have been here before) and I mention that I am already citizen, will it create any issues at consulate. I am asking this that once they notice I am citizen they might be more concerned about them becoimg liability on the govt.

3. Anyone has any experience with all this. I would appreciate any inputs

Thanks
 
LonelyDove said:
Friends,

I hope to be citizen in the first week of Dec (if no name check problems). I have following questions regarding sponsorships of my parents.

1. At that point of my becoming USC, if my parents are not in US, can I still file for 130/485 them later when they visit me or I they should be here already

2. If they go for visa afterwards (they have been here before) and I mention that I am already citizen, will it create any issues at consulate. I am asking this that once they notice I am citizen they might be more concerned about them becoimg liability on the govt.

3. Anyone has any experience with all this. I would appreciate any inputs

Thanks
Click to expand...
1. No, if your parents are not here at the time of filing, you can't file I-485. It is for adjusting their status. If they are not here, they don't have any status. You would file only I-130, and your parents would go thru consular processing (CP). They would get their green cards once they arrive here.

2. On the contrary, your being a citizen would help, because you would be sponsoring them to become permanent residents, meaning the chances are slim that they would become a public charge.
 
Thanks..

Thanks Anahit,

I think my question was phrased little incorrectly. I need to know, if after I become USC and they are not here (and I don't file I-130 for them) and at a later date they come on visitor visa and while they are here I file for I130/I485.

Is that a possible or its only possible to file for adjustment when they are here at the time of my becoming USC.

Also, can I file for I-130 anyway and then think about filing for I485 CP or not depending on if they are here or there

Thanks again
 
LonelyDove said:
Thanks Anahit,

I think my question was phrased little incorrectly. I need to know, if after I become USC and they are not here (and I don't file I-130 for them) and at a later date they come on visitor visa and while they are here I file for I130/I485.

Is that a possible or its only possible to file for adjustment when they are here at the time of my becoming USC.

Also, can I file for I-130 anyway and then think about filing for I485 CP or not depending on if they are here or there

Thanks again
Click to expand...
You don't have to file for your parents the day you become a citizen. You can file I-130 anytime after getting your citizenship certificate, whether your parents are here or in your home country. Note, that if you file I-130 while they are not in US, they won't be able to get a visitor visa to come here until they are done with the processing of their case, which takes about a year.
If your parents are here at the time of filing, you would file I-485 concurrently. If they are not here, no I-485 would be filed, CP does not require filing I-485.
 
Last edited by a moderator:
Similar question, slightly different situation

Anahit said:
You don't have to file for your parents the day you become a citizen. You can file I-130 anytime after getting your citizenship certificate, whether your parents are here or in your home country. Note, that if you file I-130 while they are not in US, they won't be able to get a visitor visa to come here until they are done with the processing of their case, which takes about a year.
If your parents are here at the time of filing, you would file I-485 concurrently. If they are not here, no I-485 would be filed, CP does not require filing I-485.
Click to expand...

What happens in this situation? It's a little different from LonelyDove's case.

A recently naturalized citizen files I-130 for his parents in Dec'05 while they are still there in their home country. The parents already have a visitor visa which is valid until say, 2010 (which means they don't have to apply for a visitor visa). Can the parents travel to U.S with their visitor visa, while the I-130 is in process or will they face some problems at POE? If they get through POE without any problem then can/should the Sponsoring citizen file I 485 for his parents?
Thanks.
 
Thanks again

Thanks Anahit,

How long does it get to have I-130 approved these days?
And how long after that for counslar processing?
I am assuming you can't start CP while I-130 is not fully approved.

Thanks
 
JoeF said:
They most likely would face problems, and could even be denied entry. The issue is that for entry with a visitor visa, a person can not have immigration intent. A pending I-130 shows immigration intent, though. Now, officers at the POE have some discretionary powers. They can admit a person as visitor even with an I-130 pending if they get the impression that the person will leave the country when the time allowed time is up..
In principle, yes. In practice, if that happened too early after entry, CIS could suspect that the person was lying about the intent when the person entered using the visitor visa. In essence, the allegation would be that the person claimed to be a visitor, but intended all along to immigrate.
Click to expand...

Appreciate your response, JoeF.

In this situation, is it then advisable for the USC to file I-130 and 485 ONLY AFTER the parents have gained entry into the U.S with Visitor visa? Do you see any complications with that?

Usually the Visitor visa is stamped for a period between 4 - 6 months and if during that period the USC files I-130, which could be soon after the parents' entry - Wouldn't it still go to prove the other point that you mentioned that they gained entry with Visitor visa, but had an intent to immigrate - will there be a problem? Is the only solution to this - consular processing in their home country?

I do remember seeing some posts in this forum that USCs bring in their parents on visitor visas and filed I-130 & 485 and the parents stayed on till they got their GCs. What is the most preferred, guaranteed and quickest way to get permanent residency to parents in these 2 situations:

1. Parents are already in U.S. on visitor visa and USC files I-130 & 485? Does this have a drawback that parents cannot return to the home country and gain re-entry into the U.S. while their permanent residency is in process? So, it actually limits their travel outside the U.S. until the entire process is complete?
2. Parents are in their home country and USC initiates I-130 from U.S and consular processing is done and parents receive GC in home country.
OR am I missing some steps?

If this was answered before and if anyone has any links, that will be appreciated too!
 
Last edited by a moderator:
newark interview

jenimmi
what date is your interview at newark? I am also waiting. And what is your PD?
thanks
 
JoeF said:
They would need AP to be able to leave and reenter. That's all.
Actually, with CP, the consulate issues an Immigrant Visa. When a person enters the US with that immigrant visa, the person becomes a PR right at the airport. The passport gets stamped right there (I did CP 5 years back.)
It used to be that CP was faster. The timeframe for I-485 approval in family-based categories has been improved, though, so I don't see a clear preference either way.
Click to expand...

Thanks much, JoeF. Getting clear on the concept.

Summing up, it's somewhat advisable to file I-130 & 485, 3 months after the parents' entry into the U.S. on visitor visa. I'm guessing the AP that you mentioned is Advance Parole. Exactly at what stage since the filing of I-485 or I-130 are the parents free to leave and re-enter U.S. i.e. when do they become eligible for AP - Is it soon after filing I-130 or at what stage?
 
jenimmi said:
Thanks much, JoeF. Getting clear on the concept.

Summing up, it's somewhat advisable to file I-130 & 485, 3 months after the parents' entry into the U.S. on visitor visa. I'm guessing the AP that you mentioned is Advance Parole. Exactly at what stage since the filing of I-485 or I-130 are the parents free to leave and re-enter U.S. i.e. when do they become eligible for AP - Is it soon after filing I-130 or at what stage?
Click to expand...

You can file AP with I-485/I-130 along with work authorization if needed.
 
Q about 485

Hi,

I have few Q regarding 130 and 485 filing for family.

1) Few people have mentioned that , one can file 130 and 485 for parents immediately after getting citizenship , if your parents are in US. But the PD are already rolled back to 1998 ( For filing 485). Does that matter here ?
2) Is there any Link or site where you can get information about this?
3) Once you file for your parents , can somebody file for others , like brother/sister ? How long it takes ? What is the procedure involved in this?

Thx
 
Tim frames

Friends,

Thanks a lot for all your responses. Anyone has recent expereince with CP for paretns or 130/485 processing here?

What's the processing times for New Jersey/VSC currently?

Thanks
 
You must log in or register to reply here.
Top