getting parents on B-2 visa a green card

[Jandy 0]

Hi,

My brother is a US citizen, and I am a F-1 student. He wishes to get our parents a green card. They are on a B-2 visa (nonimmigrant visa) and are supposed to leave on January 31 2009.

Now we are a little worried about how he should apply for them.

1) Is it better to apply right now for a I-130 and I-485 at the same time, while they are here in the US (since they are legally here)...but if we do that and their I-130 is still pending till january 31 2009...do they have to leave the US or not?

2) Or is it better that we apply for a I-130 when they go back to their home country...and once approved they go to the embassy over there...and then they come back and we apply for a I-485?

Can somebody help us?

Thank you

Jess

[chiommy 0]

I would advise your brother based on my experience to file for them while they're in the United States i.e. concurrent filing of the I 130 and I 485 petitions. I sent in my mom's application on January 29th 2008 with an INS receipt date of February 7, 2008. We received her green card in the mail in June 2008. I'll also advise him to file all required forms at the same time so as to minimize the likelihood of a request for additional evidence. Thus, he needs to have them go for the immigration medical medical exam and send in the results with the rest of the application.(list of USCIS approved surgeons can be found on the USCIS website. The forms he needs to file in the same package are:

I130

I485

I864

Medical Examination Form

I-765 (if you want them to work while application is pending. It doesn't cost extra as you've already paid for it)

Make sure there's a good primary evidence of their ages and biological relationship to your brother. If inadequate primary evidence exists, get secondary evidence and send it in with your application. My mom's card would have arrived sooner if I did not receive a request for initial evidence of her age in March and sent in my response on April 20. Good luck.

[payxibka 10,047]

If you choose your option #2, then no I-485 would be required as they would arrive on an immigrant visa that results in an automatic greencard after arrival.

[Boiler 45,945]

Sounds like they have just got here, did they mention to the PoE they were staying?