I-130 Family Based Consular Processing & I485 AOS

[Arv0210 1]

Hello

 

Need advice on Below topic

 

• I permanent resident (green card) I filed I-130 for my son who is under 21yrs it got approved and we received I 797 NOA and case is pending with NVC for case number creation, his priority dates are current 

 

• Other hand my son came to US on B1/B2 visa in August 2019 and we also filed I485/I131 & I765 and we received I797C and his biometrics is also done in US in Oct'19 but we haven't got travel document as yet, we have put expedite request to USCIS but the same got rejected.

 

My Question is-

He needs to travel immediately to home country, so can he travel without advance parole, I understand if leave US without AP his I485 will become redundant, but in that case will it have any impact on his I-130 Consular processing as that is already in last leg as per point one

 

Need some guidance urgently please.

 

Thanks you

[geowrian 22,337]

If he leaves the US w/o AP, his I-485 will be abandoned and denied.

The I-130 will remain open. However, I'm assuming you marked that he will go through AOS, not consular processing. As such, upon approval USCIS will hold on to the I-130 instead of sending it to NVC.

Edit: I re-read this and now an uncertain if AOS was selected or not. Even if consular processing was originally selected, since an I-485 was afterward, the timing may still result in USCIS seeing it as an AOS case. USCIS will not immediately know and cancel the I-485, and if the I-130 is approved while the I-485 is still open, it's still treated like an AOS case.

 

You can try to get USCIS to change this to go through consular processing via phone or mail. If they refuse or fail to do so, an I-824 will be needed (after I-130 approval IIRC) to have them send the petition to NVC.

Edited December 21, 2019 by geowrian

[Arv0210 1]

26 minutes ago, geowrian said:

If he leaves the US w/o AP, his I-485 will be abandoned and denied.

The I-130 will remain open. However, I'm assuming you marked that he will go through AOS, not consular processing. As such, upon approval USCIS will hold on to the I-130 instead of sending it to NVC.

Edit: I re-read this and now an uncertain if AOS was selected or not. Even if consular processing was originally selected, since an I-485 was afterward, the timing may still result in USCIS seeing it as an AOS case. USCIS will not immediately know and cancel the I-485, and if the I-130 is approved while the I-485 is still open, it's still treated like an AOS case.

 

You can try to get USCIS to change this to go through consular processing via phone or mail. If they refuse or fail to do so, an I-824 will be needed (after I-130 approval IIRC) to have them send the petition to NVC.

I 130 petition is approved we got I797 (NOA) and reached NVC on 4th Nov but NVC case is not yet created.

[geowrian 22,337]

24 minutes ago, Arv0210 said:

I 130 petition is approved we got I797 (NOA) and reached NVC on 4th Nov but NVC case is not yet created.

So it was sent to NVC already, gotcha. Timing would be the main issue then...if USCIS requests the I-130 back before the case is deemed abandoned (in which you need USCIS to send it to NVC again) or if they see it and it proceeds through NVC.

Given the long period of time for NVC to create a case number, it seems like USCIS may have already requested it. But the holidays move very slowly and timelines change regularly, so it's not impossible that it's just taking so long at NVC.

What does NVC say when you call?

[Arv0210 1]

21 minutes ago, geowrian said:

So it was sent to NVC already, gotcha. Timing would be the main issue then...if USCIS requests the I-130 back before the case is deemed abandoned (in which you need USCIS to send it to NVC again) or if they see it and it proceeds through NVC.

Given the long period of time for NVC to create a case number, it seems like USCIS may have already requested it. But the holidays move very slowly and timelines change regularly, so it's not impossible that it's just taking so long at NVC.

What does NVC say when you call?

NVC says it's pending for case creation and for some more information and should be done shortly.

[OllieUK 6]

Hi All
After following so many forums for the last few months I thought I would share my process... I think I have been incredibly lucky!
I was here on an E2 visa, converting to a Marriage-based Green Card to a US citizen, filing in LA.

09/16 - Filed i485 / i130 / i785 / i131
09/27 - Biometrics notice
10/17 - Biometrics taken
11/05 - Courtesy letter for i693
11/08 - Ready to schedule interview
11/12 - Interview scheduled
12/17 - Interview / Approved
12/20 - Card in mail

92 days! It CAN happen, All without even getting the work / travel permit in between. 2020 will be a good year - Happy Holidays!