Greencards for wife's Mexican Parents?

[MadMax101 32]

Has anyone gone though the green card process for the parents of the immigrant's parents once the immigrant gets citizenship? I understand the new citizen would have to file a 130 and then the parents would go to the consulate in Mexico and file the 485. I have a few questions.

 

-Does the new citizen filing the 130 affect the parents' availability to get a tourist visa that they regularly use?

-Does the parents filing the 485 affect their availability to get a tourist visa that they regularly use?

-Does getting a green card mean they have to commit to living in the US?

-How long does the 130 stay active until expiring? 

Edited December 2, 2019 by MadMax101

[Villanelle 4,122]

6 minutes ago, MadMax101 said:

Has anyone gone though the green card process for the parents of the immigrant's parents once the immigrant gets citizenship? I understand the new citizen would have to file a 130 and then the parents would go to the consulate in Mexico and file the 485. I have a few questions.

Tons of threads about people doing this. 

 

 

6 minutes ago, MadMax101 said:

 

-Does the new citizen filing the 130 affect the parents' availability to get a tourist visa that they regularly use?

-Does the parents filing the 485 affect their availability to get a tourist visa that they regularly use?

what does that mean? Get a visa they reg use? If they are regularly using a visa they dont need to get one, they have one. So if they have one they can theoretically use it to visit while the 130 is in process but its up to CBP to decide if they will be allowed in. Many people are able to gain admittance during the process with no issues, others are denied due to immigrant intent. If they need to renew their visas during the process they are eligible to do such and it would be the consular office who would decide to renew it or not- again taking into account immigrant intent. 

 

6 minutes ago, MadMax101 said:

-Does getting a green card mean they have to commit to living in the US?

-How long does the 130 stay active until expiring? 

YES. A GC is for living in the US full time permanent basis. If they are not ready to do such do not apply for it yet. It will take apx 1 year for the 130 to be approved and then it ends up at the consulate. They do their interview and then once approved they need to enter the US with in 6 months apx (medical expiration comes into play here). You can delay the interview for up to 1 year I believe... Its actually easier if you just post what time frame you need (ex- parents are retiring in June 2021 so dont want to come until after that date) and people can advise you of when its a good time to file to make that happen. 

[USS_Voyager 1,972]

25 minutes ago, MadMax101 said:

Has anyone gone though the green card process for the parents of the immigrant's parents once the immigrant gets citizenship?

Yes

 

25 minutes ago, MadMax101 said:

I understand the new citizen would have to file a 130 and then the parents would go to the consulate in Mexico and file the 485.

Huh? No. Once the I-130, it will go to the NVC where more fees are paid and more documents are submitted. Once that is done, the case is transferred to the US Embassy/Consulate where they will need to attend an interview to get their immigrant visa. Once the pass the interview, the immigrant visa will be issued to them. They then use it to enter the US as lawful permanent resident. 

 

27 minutes ago, MadMax101 said:

Does the new citizen filing the 130 affect the parents' availability to get a tourist visa that they regularly use?

No. If they already have a tourist visa, the filing of the I-130 doesn't do anything do that visa. However, admission to the US is determined at the border by US CBP officers. The visa only allowed them to travel to a US Point of Entry to apply for admission, not guaranteeing admission. In other words, yes, they can still visit, but be prepared if CBP questions them about how they can prove that they will NOT overstay their visa in the US, how they will return to their country to finish the consular processing as described above. They cannot enter with the tourist visa with the intent to adjust status in the US. 

 

32 minutes ago, MadMax101 said:

Does getting a green card mean they have to commit to living in the US?

Yes. It's called lawful permanent resident

 

[arken 4,197]

Seconding others’ comments, my comment on 

1 hour ago, MadMax101 said:

-Does getting a green card mean they have to commit to living in the US?

They don’t have to. Anytime they feel like not wanting to live in the US, they can leave and abandon GC.

[Ontarkie 14,175]

~~Moved to Bringing Family of USC to America, from US Passports - as the Topic is petitioning parents and not passports.~~

[SusieQQQ 11,586]

5 hours ago, MadMax101 said:

 

-Does getting a green card mean they have to commit to living in the US?

 

To be specific about this: if they want to keep it, yes. As someone mentioned above, they can give it up anytime they want, but if they want to keep it they have to maintain a residence etc in the US and spend more time in than out the US.

[LilyJ 1,258]

I-485 is for those already in the US adjusting status. I don't see any reason they would need I-485 at all considering they are going through consular processing and are not adjusting status. Only the I-130 is needed