Parents in India + Adv Parole = AOS eligible???

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vummi

Registered Users (C)
My parents are in India and go their visiting visas (B2) rejected. I will become a citizen in 2 months and wondering if I can apply my parents greencards (I-130) and Advance Parole (I-131), bring them here and apply for Adjustment of Status (I-1485) after they are here in US on AP.

I know that CP is THE ROUTE but wondering if I can apply for advance parole and bring them here....

I ask this based on this "text" in the AP instructions (page 4 left side) where there are instructions for applying AP for people outside of US.
 
vummi said:
...I ask this based on this "text" in the AP instructions (page 4 left side) where there are instructions for applying AP for people outside of US.
Click to expand...

It all depends on whether your parents are eligible for Advance Parole or not.
Here's what the instruction says:

You may apply for an advance parole document. However, your application must be based on the fact that you cannot obtain the necessary visa and any required waiver of inadmissibility. Parole underthese conditions is granted on a case-by-case basisfor temporary entry, according to such conditionsas prescribed.

I have the feeling you'll end up going through the regular process lile everybody else. At least your parents won't have to wait for visa number available.
 
vummi said:
My parents are in India and go their visiting visas (B2) rejected. I will become a citizen in 2 months and wondering if I can apply my parents greencards (I-130) and Advance Parole (I-131), bring them here and apply for Adjustment of Status (I-1485) after they are here in US on AP.

I know that CP is THE ROUTE but wondering if I can apply for advance parole and bring them here....

I ask this based on this "text" in the AP instructions (page 4 left side) where there are instructions for applying AP for people outside of US.
Click to expand...

Basically no. The AP abroad is only for some very specific cases - while your parents may be rejected for the B2, they have not been rejected for an immigrant visa. You should file I130, wait for approval and then do the consular processing.
 
rex1960:

Thanks for your reply. I know that it is subjective. But, It takes 60 days or faster to know the AP decision; if AP is rejected what do I loose? Then, I "amend" the I-130 to make it CP. If AP approved, then I file I-485. The only burden on my side is I have to send in these 6 "statements" and during AOS interview they may ask for "I-94" type of document.

AP instructions mentions these 6 statements:

If you are applying for a person who is outside theUnited States, you must attach:
1. A statement of how and by whom medical care,transportation, housing,
and other expensesand subsistence needs will be met; and

2. An Affidavit of Support (Form I-134), withevidence of the sponsor's
occupation and ability to provide necessary support; and

3. A statement explaining why a U.S. visa cannotbe obtained,
including when and whereattempts were made to obtain a visa; and

4. A statement explaining why a waiver ofinadmissibility cannot be obtained
to allowissuance of a visa, including when and whereattempts were made to obtain a waiver,
and acopy of any USCIS or former INS decision onyour waiver request; and

5. A copy of any decision on an immigrantpetition filed for the person,
and evidenceregarding any pending immigrant petition; and

6. A complete description of the emergent reasonsexplaining why advance
parole should beauthorized and including copies of anyevidence you wish considered,
and indicatingthe length
 
If you can answer all those questions and are able to come up with anything to prove why your parents have to be considered special or why their case is emergent, go for it. It's none of my business how you manage that.
 
vummi said:
rex1960:

Thanks for your reply. I know that it is subjective. But, It takes 60 days or faster to know the AP decision; if AP is rejected what do I loose? Then, I "amend" the I-130 to make it CP. If AP approved, then I file I-485. The only burden on my side is I have to send in these 6 "statements" and during AOS interview they may ask for "I-94" type of document.

AP instructions mentions these 6 statements:

If you are applying for a person who is outside theUnited States, you must attach:
1. A statement of how and by whom medical care,transportation, housing,
and other expensesand subsistence needs will be met; and

2. An Affidavit of Support (Form I-134), withevidence of the sponsor's
occupation and ability to provide necessary support; and

3. A statement explaining why a U.S. visa cannotbe obtained,
including when and whereattempts were made to obtain a visa; and

4. A statement explaining why a waiver ofinadmissibility cannot be obtained
to allowissuance of a visa, including when and whereattempts were made to obtain a waiver,
and acopy of any USCIS or former INS decision onyour waiver request; and

5. A copy of any decision on an immigrantpetition filed for the person,
and evidenceregarding any pending immigrant petition; and

6. A complete description of the emergent reasonsexplaining why advance
parole should beauthorized and including copies of anyevidence you wish considered,
and indicatingthe length
Click to expand...

This is absurd. I can only refer you to do some research on how many of these AP's have been granted in the past. And people with much more dire circumstances have not had theirs granted.You have not even tried the consular processing route.

I do not know how you hope to satisfy all of the 6 above. But I shall refrain from further comment. You obviously are not familiar with immigration law and procedures.
 
6 months: CSC to NVC to Chennai?

rex1960 & Pianoplayer:

please understand that what I wrote (re: advance parole) is my "thinking" and NOT my "acting". I give high value to your opinions. Apologies if my postings are pushy. I only intended to see if there are any folks out there, like you, who can comment, either positively or negatively.

I agree with you that AP may get denied. I am unable to get the timeline for CP
from CSC to NVC to Chennai consulate. please advise.
 
vummi said:
<snip>
I am unable to get the timeline for CP
from CSC to NVC to Chennai consulate. please advise.
Click to expand...

You can see my Parent's (and another user JAiseJames parents) timeline VSC - NVC - Chennai here. Although ours is VSC, I believe CSC is much faster than VSC.
 
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