Filling for permanent resident while in the US

[IcezMan_IcezLady 582]

2 minutes ago, Reggaeboys said:

The petitioner his the patient and a USC.

then overstay will be forgiven..

[Reggaeboys 1]

Just now, IcezMan_IcezLady said:

then overstay will be forgiven..

That's good to know...but I was thinking he should go back before the i94 expired so there would be no chance of ever overstaying, as soon as an appointment becomes available...then return to the states to complete the interview....Just can't be too careful.  The reason the family don't want the paper work  to continue in his birth country...it's because of recent gang violence that broke targeting a lot of innocent youths..also all of his family member already migrated...so the only option it to say with friends.

 

Thanks for your help guy

[NigeriaorBust 4,087]

  You posted the topic in bringing family of LPR  which confused the status.

[Reggaeboys 1]

Just learn that when you leave the US...with a pending i485...regardless if your I94 about to expired...It's considered abandonment of the i485?  Is this true?

[Jojo92122 1,924]

The I-94 has nothing to do with the I-485 being valid if someone leaves the US.

 

If an I-485 applicant leaves the US without AP, then the petitioned is abandoned.   Must have AP to leave and keep the I-485 going.

[Reggaeboys 1]

Yep I wish someone mention that part in page (1)...seems more important than the other scenarios...well the good thing is..he never receive NOA in the mail...So he need to get back here and beat the clock.

Edited April 12, 2017 by Reggaeboys

[f f 725]

if he leaves all the money spent on the i485 is lost and he will have to start over with the cr1 and will not be able to get back in until it is approved. the cr1 takes a year.

[Jojo92122 1,924]

25 minutes ago, Reggaeboys said:

Yep I wish someone mention that part in page (1)...seems more important than the other scenarios...well the good thing is..he never receive NOA in the mail...So he need to get back here and beat the clock.

It doesn't work that way.

 

First, getting back here involves immigration fraud since he would be entering the US on a tourist visa with the intent to immigrate.

 

Second, you can't unring the bell.  He left after he filed.  It's over.  It's not the NOA.  It's the date that he filed and leaving afterwards.

 

You are playing with fire.

 

[Jojo92122 1,924]

7 minutes ago, f f said:

if he leaves all the money spent on the i485 is lost and he will have to start over with the cr1 and will not be able to get back in until it is approved. the cr1 takes a year.

Parents of USC do not get CR-1 visas.  CR-1 visas are for spouses of US citizens who have been married for less than 2 years.

 

 

[Reggaeboys 1]

4 minutes ago, Jojo92122 said:

It doesn't work that way.

 

First, getting back here involves immigration fraud since he would be entering the US on a tourist visa with the intent to immigrate.

 

Second, you can't unring the bell.  He left after he filed.  It's over.  It's not the NOA.  It's the date that he filed and leaving afterwards.

 

You are playing with fire.

 

Claim down..lol

This instruction is coming from uscis.gov

 

[Jojo92122 1,924]

1 minute ago, Reggaeboys said:

Claim down..lol

This instruction is coming from uscis.gov

 

USCIS says that your father can enter the US on a tourist visa with the intent to immigrate to continue the I-485?  Please show us that instruction.

 

I'm calm because this is your problem, not mine.  Best of luck playing with fire. 

 

[f f 725]

2 hours ago, Jojo92122 said:

Parents of USC do not get CR-1 visas.  CR-1 visas are for spouses of US citizens who have been married for less than 2 years.

 

 

spouses of usc, unmarried children under 21 of usc. and parents of usc are all in the same group of immediate relatives and get the fastest service. just with different codes.

 

and if he left after filing the i485 without getting ap the only way he will get back into the us is with a valid immigrant visa. which will take about a year.

[NigeriaorBust 4,087]

  I am confused again ,  is this the case of a USC parent petitioning a child ( of what age ? )  or is the child petitioning a parent ?  

[Reggaeboys 1]

Well sometime in life we have to go against the odds and trust in god.... because his immigrant visa was approved