Hi, I'm filing I-130 for my parents, but need to know if there is a time limit for when they have to leave their native country once they are approved? My dad can't leave his old mom behind, so they won't be able to leave the country while she is still alive. She is 84 and we hope she will live for a few more years. If time limit is not an issue I would go ahead and take care of all the paperwork now. But if they need to imigrate, say within a year, I might have to hold off from filing the petition for my parents. Please reply if you have that kind of info. Thanks so much!!!
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Time limit after parents' immigrant visa approved?
- Thread starter katushka
- Start date
katushka said:Hi, I'm filing I-130 for my parents, but need to know if there is a time limit for when they have to leave their native country once they are approved? My dad can't leave his old mom behind, so they won't be able to leave the country while she is still alive. She is 84 and we hope she will live for a few more years. If time limit is not an issue I would go ahead and take care of all the paperwork now. But if they need to imigrate, say within a year, I might have to hold off from filing the petition for my parents. Please reply if you have that kind of info. Thanks so much!!!
In my opinion, you should wait till your parents are ready to travel. The main reason for getting a GC is to immigrate to the US. It doesnt make sense to go though all the hassles of getting a GC and not use it. If a GC holder is away from the US for more than a year, it is considered that the immigrant status has been abandoned. This can be avoided by applying for a re-entry permit or a returning resident visa, but that has certain limitations based on how much time you stay out of the US. Also, to apply for a re-entry permit, one has to be present in the US, so i dont think re-entry permit applies to your case. So its better if you apply when they are ready to travel. Thats my opinion...
Look here...
http://uscis.gov/graphics/howdoi/PermRes.htm#maintain
I am assuming that you are a US Citizen filing for parents. Yes they have to leave the country within a year or their visa # become invalid. The other thing they can do is come here get the GC and apply for reentry which is usally for 2 years and go back. But again they will have to come back in 2 years which doesn't make any sense. I would say you will have to wait until your dad fulfil his responsibility.katushka said:Hi, I'm filing I-130 for my parents, but need to know if there is a time limit for when they have to leave their native country once they are approved? My dad can't leave his old mom behind, so they won't be able to leave the country while she is still alive. She is 84 and we hope she will live for a few more years. If time limit is not an issue I would go ahead and take care of all the paperwork now. But if they need to imigrate, say within a year, I might have to hold off from filing the petition for my parents. Please reply if you have that kind of info. Thanks so much!!!
It is my understanding that normally when they got approved at the Consulate they should travel to get their green card stamp. Check with the Consulate on their jurisdiction how long is the validity of the visa when they got approved.
In any case, since they have to take care of your 84 yr old grandmother means that there is still years to come, is not rasonable to petition for them UNLESS they can travel back and forth within a year, so they can have continue residency.
Good luck,
In any case, since they have to take care of your 84 yr old grandmother means that there is still years to come, is not rasonable to petition for them UNLESS they can travel back and forth within a year, so they can have continue residency.
Good luck,
Participant
Registered Users (C)
Normally six months. after that the immigartion visa is voidcherr1980 said:It is my understanding that normally when they got approved at the Consulate they should travel to get their green card stamp. Check with the Consulate on their jurisdiction how long is the validity of the visa when they got approved.
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Good luck,
Participant said:Normally six months. after that the immigartion visa is void
Immigration visa does not become void. You could request for extension or apply for a new one. In either case, you have to appear for an interview and pay around 300$ (for a new one).
http://uscis.gov/lpbin/lpext.dll/in...73/fr-42681?f=templates&fn=document-frame.htm
http://www.lawyers.com/lawyers/A~1001909~LDS/IMNIGRANT+VISA.html#eight
The only point over this case is then if the extension can be issue "for several years" ? I think they are referring in cases like finish a school for a year or something not indefinite years right? You should ask the Consulate first for how long they can extend the visa. (some Consulates are different from others).
Good luck,
Good luck,