Which is better, filing from Texas or Vermont

U

USCISisMockery

Registered Users (C)
My brother is US citizen in Orlando and I am on L1 in Jersey City, NJ. My parents has visitor visa, so they can come here anytime.
We want to sponsor our parents for GC.

Current processing times are

130 - Sept 2004 (VSC)
June 2003 (TSC)​
485 - April 2002 (Orlando district office)
Dec 2003 (Newark district office)​

I am debating between following options:

1) Parents wait in India till they get interview call from consulate.

1a) Brother files for I-130 VSC, even though he lives in Orlando ? VSC is faster than TSC ?​

2) Parents come here on visitor visa and file 485

2a) Brother files for I-130 from VSC and parents files 485 locally to Newark office (because Newark is faster than orlando)
In this case, does he (brother) needs to be here physically when parents get interview call from Newark ?

2b) Brother files for I-130 and I-485 concurrently to Orlando district office.

2c) Brother files for I-130 and I-485 concurrently to Newark district office.​

I did lot of researching on this forum but I couldn't find any answers to my confusion. Can someone please help guiding me, so that I can bring my parents here on GC ASAP.
 
Last edited by a moderator:
Hi,
I cant provide you the answer on how long it will take for consular processing.
But this is clear. There is no way they are eligible to have paper work filled in VSC....

Your brother is the petitioner who lives in Orlando which comes under TSC.

So the only possibilites are
1a in TSC or
2b in Orlando.

Now if the brother can show that he lives in Newark ie license, Lease papers etc then its a different story and they will then be eligible for Newark/VSC...

goodluck
 
Can I,
Call my parents on Visitor visa, after they are here for 3 months, I ask my brother to file for I130 to TSC. After a month, I file 485 at Newark District office. Is it doable ? whats the risk ? Any comments highly appreciated.
 
I dont understand your confusion. You are on L1. You can't sponsor or file anything.. So wheredoes Newark come in picture...
 
Swating, I appreciate you replying,

Let me restate what I am suggesting is,

My parents are going to come here on visitor visa.
At later stage (after 2-3 months) if we decide to pursue to file GC for our parents, can we file I130 (based on my brother) and 485 concurrently to Newark DO ?

I guess, non-immigrant can file 485 where they are residing and my parents will live with me (in NJ). Moreover, I think 130 will follow whereever you file I485. Is that correct ?
 
this is a grey area. A competent lawyer can answer this question with more confidence.

The rule as per I-485 form says :

If the I-130 petition is being filed concurrently with
Form I-485, Application to Register Permanent Residence or
to Adjust Status, submit both forms at the local INS office
having jurisdiction over the place where the I-485 applicant
resides.

so if your parents are going to be in NJ, then as per the form documentation it looks like I-130/I-485 combo can be filled in NJ.....
 
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