Question about late greencard file for parent

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raj_nj

Registered Users (C)
Hello Friends...

I am a US citizen and my parents has been in US since last 4.5 months. Their visitor visas are ending on Dec 26th 2010.

I need file for their green card and with Advanced parole. WIll be receiving medical by next wednesday for 485.

In another word, i will not be able to file before next Thursday, Nov 18.

Looking at the situation, can you please provide me any suggestion, if we can still file for their green card while they are in US or is it too late?

My understanding was that once you get 485 receipt you can stay here even after you visa is expired. But now I see some post saying it may take up to 6 weeks and i am getting worried. Should i file for their visa extension and then file for 130, 485 and advanced parole (thinking about filing everything together) or is there any other way?

or should i consult a lawyer, if so any suggestion is greatly appreciated

I am really panicked and any help will be a great help to us...... thank you in advance
 
Forget about the visa extension, they will cancel it anyway when the I-485 application come in.

Even if it takes a few weeks to get the I-485 receipt, it will be backdated to the day when USCIS received the I-485 application (or maybe a day or two after).

Go ahead and file the I-130, I-485, and everything else along with the medical.
 
Thank you Jackolantern for your prompt response......

What happens if we don't receive 485 receipt for next 5 weeks and their i-94 expires (last day 12-25).? Can they stay here after 12-25?

That is a great information........ then in my situation......... I should wait till I receive the medical and then file everything together.... next thursday.... Nov 18.

Do you know around how much time does it usually take to recevive 485 receipt?
 
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Keep copies of filed I-130 and I-485 along with proof of USPS proof of delivery, once thats done forget about 12-25, they can stay over.
Just FYI Parents of USC's can adjust status even if they have overstayed their authorized stay by months or years.
It takes upto 3 weeks to get a 485 reciept.
 
Do we file I130 and 485 for parents who are out of US or concurent filing is possible only if they are in US?
 
raj_nj said:
That is a great information........ then in my situation......... I should wait till I receive the medical and then file everything together.... next thursday.... Nov 18.
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Good.

Do you know around how much time does it usually take to recevive 485 receipt?
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Usually 2-3 weeks, but if it takes longer it will be backdated appropriately, so the receipt date is guaranteed to be before the date your parent's current status expires, if you send the forms in November.

Just make sure you send the right fee -- the fees are changing on Nov. 23, so if you're sending it Nov 18 make sure to send it with overnight delivery. They will reject it if the fee is wrong.
 
Two questions please, while filling I 130 application for father:
1. column 22 of part C- complete the information below if your relative is in US and will apply for AOS -- two options one for US another is out of US in parent country----
which option to choose. I believe since father is out of country it will be parent country.
My question is once I apply for I130 and he visit on visitor visa will the filing of I130 will put restriction that he cannot visit (he has already visitor visa for 10 yrs).
2. Under section D other information- point 2 -Have you ever filed a petition for this or any other alien.
I have applied for I140 for my minor son as a derivative while I processed mine case. So his case should be mentioned here or not as he is deriving his case from me and is still minor?

Please advise.

Thanks!!!!!
 
1. If your father is not in the US and is going for CP then its the Parent country. Well he can visit since the visa is already issued but if they find out about his I-130 been filed at POE then they might suspect him to adjust status while he is here and might deny the entry.

2. Answer is "No" because you never petitioned for anyone and your son is just your derivative.
 
honeyhappy said:
My question is once I apply for I130 and he visit on visitor visa will the filing of I130 will put restriction that he cannot visit (he has already visitor visa for 10 yrs).
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Yes it might result in refusal of entry if the POE officer is aware of the I-130. However, it would probably take less than a year for him to complete the GC process via the consulate, so it's not like he would be stuck outside the US for years.
 
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