Travel rules for while GC appln is pending for parents

L

lprasad

Registered Users (C)
Hi,

My parents' GC appln has been filed in Aug, 03. Currently they are in India. They visited US last year on B (Visitors Visa) and they got this B visa for 10 years last year.

They want to visit US in Nov, 03. Will there be any issues with their travel to US because their GC appln is pending.

Has anybody been in this situation before, please advise.

Thanks!
 
Give more details....did u file just the 130 or 130/485 concurrently? Also, did they use the B1 visa to enter the US after the above applications were filed?
 
Travel rules while GC is pending for parents

I filed I-130 only for my parents in August 03. They got their B1 visa (for 10 years) last year in Feb, 02 and statyed in US for six months on that visitor visa last year. Right now they are in India.

They want to visit US in Nov 03 now. Will there be any problems if they visit US because there GC appln is pending here in US?
GC process is taking 3 years now. Can they not visit US meantime? Do they have to take permission or file any form for visiting US in this situation.
 
GC process through consular processing should not take long. Have your parent's I 130 been approved by NVC? Are they in the final stages of their processing, or have you concurrently filed for I 485 and I 130? A friend of mine filed for their parents I 130 in September of '02 and the I 130 was approved this June.

I believe your parents can't travel on visitor visa once their status is in the process of being adjusted from non-immigrant to immigrant.

However, as always it's best to consult an immigration attorney for more concrete advice.
 
Travel rules while GC appln is pending for parents

Thanks for your reply.

I have filed only I -130 for them in August this year. On this receipt it says it is taking aorund 900 days. It is possible that it may get approved soon. I am trying to get some information from some one who has been in this situation.
 
lPrasad, as Detroitmii said, usually it does not take long to get the I130 approved when undergoing consular processing (about 9-12 mos). However, the drawback of consular processing is that your parents will not be able to visit US until the consular processing is done.
 
Indousa,

Quoting what you said:
"usually it does not take long to get the I130 approved when undergoing consular processing (about 9-12 mos). However, the drawback of consular processing is that your parents will not be able to visit US until the consular processing is done."

I have a question: Once I130 is approved for consular processing, do parents still have to wait until I485 is filed and approved before they can come to US? How long would I485 process be? Thanks,

-Angela
 
Chenya:

Once the I130 is approved via consular processing, you do not have to file your I485. The I130 and 485 should be filed together if the GC process is initiated in the U.S, i.e. the person to be sponsored has arrived in the U.S (on a B1/B2, F1, H1 visa, etc). Otherwise, only the 130 should be filed overseas.
 
Chenya,
After the I130 is approved, NVC will send you set of forms--I 864, I believe. This is the detailed affidavit of support form, where you are required to sent in your last 3 years income tax return docs etc. Just a whole bunch of financial documents that you should mail back to NVC. This package will also contain your parents' case number, which is different from the NVC issued number. Once you get their case number you know the end is almost there.
 
Very grateful

indousa and detroitimmi,

Your guys are the best! I don't know why I didn't find this wonderful forum before. It is so informative, and people like your guys are so warm hearted. Not everybody would spend time trying to help other people!

Thank you!

-Angela
 
Guys,

I just read the other thread, and this is new to me. I though once you are waiting for the immigration petition such as family based petition, you can't come to US at all. I have posted in that thread to ask people to share what kind of non-immigrant visa they are able to get to come to US, and once they are in US, what was their experience applying for adjustment of status.

I have filed 130 for my parents, they are in China now. I would be really happy if I can have them here soon on any kind of non-immigrant visa. Thanks,

-Angela

The following is the msg posted in the other thread:

1. adjustment of status
I have a family based petition (F4)with priority date
of October 1990. I am currently in US in a non immigrant status and I would like the file to be tranferred to the local office and go for adjustment of status. What is the pocedure for doing this?

2.Depending on which country is your home country, your visa might be coming available soon. Check with the visa bulletin online: your sponsor (The person who filed the I-130) will receive forms including Affidavit of Support to return to the National Visa Center several months prior to the visa becoming available. Hopefully this person has not moved since the filing of the I-130.

If either you or your sponsor has moved, a notice of change of address must be sent to the NVC. Include a copy of the INS approval notice and a copy of any documentation received from the NVC. Hopefully you can maintain valid INS status between now and the finishing of the processing. If the NVC knows you are in the US, the I-130 will be sent to the nearest district office when the visa becomes available. You can file the I-485 when the visa becomes available. However, falling out of status or being in the US illegally could interfere with your desired adjustment.
 
Angela,

If you have a pending I130 for your parents they cannot enter the US on a B-1/B-2. (based on the fact that they have an intent to immigrate with a pending I130).

hope this helps
 
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