We made the I-131 application for my mother last May when she was in the US on her US travel visa. Since the approval of the first step came before November 2009 (which is when the 6-month I-94 expired), we were told she can continue to stay in the US till she gets the green card (I-485) approval notice.
Since November, we have been waiting for the I-485 adjustment of status process approval. However, there have been some delays with INS as they are having some problems with her finger-prints. (Strangely, seems her finger-prints are not clear!) We have not heard back from INS after the 2nd visit to the local INS office for finger-printing.
In the meantime, my mother really needs to be back in India for family reasons. She simply cannot stay on in the US any longer. We called INS to ask about advanced parole for travel purposes and were told it may take 3-4 months. We cannot wait that long.
So, we are wondering whether we should just withdraw the current green card application. (Is there any other option? Can she change it at this late a stage to consular processing in India?)
However, I am worried about the following, in case we decide to withdraw:
1) She continued her stay beyond November (6 months) based on the visa A # she got after I-130 (first stage) approval. If we withdraw the application, will the November 2009 to current time still be considered as being in the US legally? I do not want her to be considered by INS as having over-stayed and being in the US illegally.
2) Her travel visa to the US expires in 2011. If she goes for a new travellers visa in 2011 to visit us next year or in 2012, will she be denied the visa because she has in the past tried to apply to be a permanent resident (even though we withdrew the application.)?
3) And perhaps not that critical but important nonetheless because though she cannot live in the US currently and has to return to India, maybe 3-5 years from now, she may want to be a permanent resident again. How does the withdrawal affect future applications for Family based green card for her?
Thank you for your advice. Much appreciated.
Sanjeev
Since November, we have been waiting for the I-485 adjustment of status process approval. However, there have been some delays with INS as they are having some problems with her finger-prints. (Strangely, seems her finger-prints are not clear!) We have not heard back from INS after the 2nd visit to the local INS office for finger-printing.
In the meantime, my mother really needs to be back in India for family reasons. She simply cannot stay on in the US any longer. We called INS to ask about advanced parole for travel purposes and were told it may take 3-4 months. We cannot wait that long.
So, we are wondering whether we should just withdraw the current green card application. (Is there any other option? Can she change it at this late a stage to consular processing in India?)
However, I am worried about the following, in case we decide to withdraw:
1) She continued her stay beyond November (6 months) based on the visa A # she got after I-130 (first stage) approval. If we withdraw the application, will the November 2009 to current time still be considered as being in the US legally? I do not want her to be considered by INS as having over-stayed and being in the US illegally.
2) Her travel visa to the US expires in 2011. If she goes for a new travellers visa in 2011 to visit us next year or in 2012, will she be denied the visa because she has in the past tried to apply to be a permanent resident (even though we withdrew the application.)?
3) And perhaps not that critical but important nonetheless because though she cannot live in the US currently and has to return to India, maybe 3-5 years from now, she may want to be a permanent resident again. How does the withdrawal affect future applications for Family based green card for her?
Thank you for your advice. Much appreciated.
Sanjeev
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