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MamaJoy

Filing I-130 for parent who entered US legally but overstayed

By MamaJoy in Bringing Family Members of US Citizens to America

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MamaJoy Apprentice

MamaJoy   0

Posted
Filed: Timeline
Posted

My father entered US 16 years ago with a work visa but continued to stay even after expired visa. I am now a US citizen and wants to petition my dad through I-130.

Will I need I-485 or the new I-601a after I file I-130?

Please advise. Thanks.

Petition for Mother:
May 18, 2013. I-130 Package mailed
May 20, 2013. I-130 Package delivered
May 22, 2013. NOA1
Dec. 16, 2013. Received RFE Letter
Jan. 29, 2014. Sent RFE evidences
Feb. 07, 2014. NOA2 - Approval of Petition
Mar. 25, 2014. Got NVC Case Number via email
Mar. 31, 2014. Paid IV Fee and AOS Fee
Apr 5, 2014. Completed online DS 260
Sept. 19, 2014. Arrived in US
Petition for father:
1/24/2015 I-130 Package delivered to Phoenix Lockbox
1/26/2015 Receipt of I-130 by USCIS
1/28/2015 NOA1
2/12/2015 Mailed I-485 & I-765
2/17/2015 I-485 & I-765 arrived in Chicago Lockbox
3/19/2015 Biometrics
4/13/2015 Approved I-130 (Priority date: Jan. 26, 2015)
6/1/2015 USCIS reply re service request on undelivered 3/12/2015 RFE letter from USCIS
6/3/2015 USCIS reply re service request for temporary work permit
6/10/2015 RFE for I-94 delivered to US Homeland Security

Boiler Grand Master

Boiler   46,156

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Why will you need a waiver?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

MamaJoy Apprentice

MamaJoy   0

Posted
Filed: Timeline
  • Author
Posted

Why will you need a waiver?

Because he overstayed.

Petition for Mother:
May 18, 2013. I-130 Package mailed
May 20, 2013. I-130 Package delivered
May 22, 2013. NOA1
Dec. 16, 2013. Received RFE Letter
Jan. 29, 2014. Sent RFE evidences
Feb. 07, 2014. NOA2 - Approval of Petition
Mar. 25, 2014. Got NVC Case Number via email
Mar. 31, 2014. Paid IV Fee and AOS Fee
Apr 5, 2014. Completed online DS 260
Sept. 19, 2014. Arrived in US
Petition for father:
1/24/2015 I-130 Package delivered to Phoenix Lockbox
1/26/2015 Receipt of I-130 by USCIS
1/28/2015 NOA1
2/12/2015 Mailed I-485 & I-765
2/17/2015 I-485 & I-765 arrived in Chicago Lockbox
3/19/2015 Biometrics
4/13/2015 Approved I-130 (Priority date: Jan. 26, 2015)
6/1/2015 USCIS reply re service request on undelivered 3/12/2015 RFE letter from USCIS
6/3/2015 USCIS reply re service request for temporary work permit
6/10/2015 RFE for I-94 delivered to US Homeland Security

Boiler Grand Master

Boiler   46,156

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

The overstay ban only impacts when you leave and as an immediate relative he does not have to

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

MamaJoy Apprentice

MamaJoy   0

Posted
Filed: Timeline
  • Author
Posted

Shouldn't there be some sort of waiver that needs to be filed to request pardon from overstaying? After all overstaying is still considered unlawful presence in US.

Petition for Mother:
May 18, 2013. I-130 Package mailed
May 20, 2013. I-130 Package delivered
May 22, 2013. NOA1
Dec. 16, 2013. Received RFE Letter
Jan. 29, 2014. Sent RFE evidences
Feb. 07, 2014. NOA2 - Approval of Petition
Mar. 25, 2014. Got NVC Case Number via email
Mar. 31, 2014. Paid IV Fee and AOS Fee
Apr 5, 2014. Completed online DS 260
Sept. 19, 2014. Arrived in US
Petition for father:
1/24/2015 I-130 Package delivered to Phoenix Lockbox
1/26/2015 Receipt of I-130 by USCIS
1/28/2015 NOA1
2/12/2015 Mailed I-485 & I-765
2/17/2015 I-485 & I-765 arrived in Chicago Lockbox
3/19/2015 Biometrics
4/13/2015 Approved I-130 (Priority date: Jan. 26, 2015)
6/1/2015 USCIS reply re service request on undelivered 3/12/2015 RFE letter from USCIS
6/3/2015 USCIS reply re service request for temporary work permit
6/10/2015 RFE for I-94 delivered to US Homeland Security

MamaJoy Apprentice

MamaJoy   0

Posted
Filed: Timeline
  • Author
Posted (edited)

Shouldn't there be some sort of waiver that needs to be filed to request pardon from overstaying? After all overstaying is still considered unlawful presence in US.

Never mind. I just read instructions for I-485. Overstaying is automatically pardoned due to immediate relative petition.

Edited by MamaJoy
Petition for Mother:
May 18, 2013. I-130 Package mailed
May 20, 2013. I-130 Package delivered
May 22, 2013. NOA1
Dec. 16, 2013. Received RFE Letter
Jan. 29, 2014. Sent RFE evidences
Feb. 07, 2014. NOA2 - Approval of Petition
Mar. 25, 2014. Got NVC Case Number via email
Mar. 31, 2014. Paid IV Fee and AOS Fee
Apr 5, 2014. Completed online DS 260
Sept. 19, 2014. Arrived in US
Petition for father:
1/24/2015 I-130 Package delivered to Phoenix Lockbox
1/26/2015 Receipt of I-130 by USCIS
1/28/2015 NOA1
2/12/2015 Mailed I-485 & I-765
2/17/2015 I-485 & I-765 arrived in Chicago Lockbox
3/19/2015 Biometrics
4/13/2015 Approved I-130 (Priority date: Jan. 26, 2015)
6/1/2015 USCIS reply re service request on undelivered 3/12/2015 RFE letter from USCIS
6/3/2015 USCIS reply re service request for temporary work permit
6/10/2015 RFE for I-94 delivered to US Homeland Security

 
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