I-130 for parents approved but they are visiting usa

[Just Paul 4,595]

21 minutes ago, py6 said:

Do parents also need to file I-944 for AOS?

Yes. each need an I-944

[Vabsmith 47]

2 hours ago, Paul & Mary said:

4-6 months was typical.  Currently you can't get a biometrics appointment as USCIS field offices are closed to the public.

So it sounds like if I file for I-485 now then they would simply have to wait it out till AP approval which might take a long time ( 6 or 8 or more months...)

Is there ANY way they can return to home country during this waiting time?

[Just Paul 4,595]

Just now, Vabsmith said:

So it sounds like if I file for I-485 now then they would simply have to wait it out till AP approval which might take a long time ( 6 or 8 or more months...)

Is there ANY way they can return to home country during this waiting time?

No, not without AP.   

 

If they overstay the visa it will be cancelled.

 

If they want to return home they will end up doing consular processing.   

[Lil bear 4,347]

1 hour ago, py6 said:

Would it be considered immigration fraud though to file AOS while parents are here on visitor visa?

Nope. Intent at entry was not to stay .... circumstances changed 

[Lil bear 4,347]

18 minutes ago, Vabsmith said:

So it sounds like if I file for I-485 now then they would simply have to wait it out till AP approval which might take a long time ( 6 or 8 or more months...)

Is there ANY way they can return to home country during this waiting time?

No.  If you go with AOS it requires that commitment. Can’t have it both ways 

 

Edit .. yet can go back home any time .... but it will cancel the AOS and leave them  with the Consular process 

Edited May 8, 2020 by Lil bear

[Boiler 46,232]

1 hour ago, Vabsmith said:

So it sounds like if I file for I-485 now then they would simply have to wait it out till AP approval which might take a long time ( 6 or 8 or more months...)

Is there ANY way they can return to home country during this waiting time?

Maybe adjustment is not the right route?

[Bzegurl 41]

19 hours ago, Vabsmith said:

Hi,

I filed for my parents I-130 petition in Dec 2019. They happened to travel to USA in late Feb 2020 and have been here in USA since then.

Today I got the email from NVC that their case is approved and a case number and invoice ID is created for both of them.

When I logged into NVC it shows that I can pay fees, fill the forms and schedule interview at the local consulate.  It also shows their priority date is 05-DEC-2019.

My question is-

1. Can I file for their I-485 since they are already here in USA ? If yes then how long the wait might be ? I looked up the visa bulletin but couldn't find what priority dates are for parents of a US citizen..May be I am missing  some basic knowledge here..?

2. If I were to wait and have my parents go through interview  in the home country then how long can I delay the interview? They are currently planning to be in USA till mid July.

 

Thanks

 

 

 

You go a Lot of great answers. My input is this:

There is currently a ban for your visa category, which means parents green card will be delayed either way. The ban may be extended or it may not. No one knows right now. 2. ALL USCIS offices are closed so another delay because they cannot get bio metrics done.  Parents can stay up to 6 months with current visa. A lot can change by July.  SO its up to you and them. Do your parents have things to take care of at home? If they don't then that is great. If they do well its best if they go back home because once you start the AOS no telling with all that is going on how long that will take. Good Luck!

[SusieQQQ 11,587]

11 minutes ago, Bzegurl said:

You go a Lot of great answers. My input is this:

There is currently a ban for your visa category, which means parents green card will be delayed either way. The ban may be extended or it may not. No one knows right now. 2. ALL USCIS offices are closed so another delay because they cannot get bio metrics done.  Parents can stay up to 6 months with current visa. A lot can change by July.  SO its up to you and them. Do your parents have things to take care of at home? If they don't then that is great. If they do well its best if they go back home because once you start the AOS no telling with all that is going on how long that will take. Good Luck!

Not sure if I misunderstood your “ban ...mean green card delayed either way” comment - the ban only applies to visas being issued overseas, not to AOS in the same category.

[Bzegurl 41]

24 minutes ago, SusieQQQ said:

Not sure if I misunderstood your “ban ...mean green card delayed either way” comment - the ban only applies to visas being issued overseas, not to AOS in the same category.

You are correct it sure doesn't my bad. In that case you should do AOS no telling if it will be extended and if your parents go home, how long before they can return.

Edited May 8, 2020 by Bzegurl

[geowrian 22,338]

2 hours ago, Vabsmith said:

So it sounds like if I file for I-485 now then they would simply have to wait it out till AP approval which might take a long time ( 6 or 8 or more months...)

Is there ANY way they can return to home country during this waiting time?

They can leave the US at any time. But if they leave w/o AP, they won't be coming back until they get a new visa abroad...presumably an IR-5 (once the ban is gone, whenever that actually happens), and their I-485 will be be denied due to abandonement.

[Vabsmith 47]

1 hour ago, geowrian said:

They can leave the US at any time. But if they leave w/o AP, they won't be coming back until they get a new visa abroad...presumably an IR-5 (once the ban is gone, whenever that actually happens), and their I-485 will be be denied due to abandonement.

I see... so if they file for AOS and leave before getting AP approval then can they do consular processing in the home country?

 

And I assume as soon as I file for AOS the visitor visa can no longer be used for travel back as it will be voided?

 

Also I want to sincerely thank all knowledgeable and helpful people on the forum. Don't want to make it long but just thinking through my options and consequences so really appreciate all your help.

 

 

[retheem 568]

21 hours ago, Vabsmith said:

Hi,

I filed for my parents I-130 petition in Dec 2019. They happened to travel to USA in late Feb 2020 and have been here in USA since then.

Today I got the email from NVC that their case is approved and a case number and invoice ID is created for both of them.

When I logged into NVC it shows that I can pay fees, fill the forms and schedule interview at the local consulate.  It also shows their priority date is 05-DEC-2019.

My question is-

1. Can I file for their I-485 since they are already here in USA ? If yes then how long the wait might be ? I looked up the visa bulletin but couldn't find what priority dates are for parents of a US citizen..May be I am missing  some basic knowledge here..?

2. If I were to wait and have my parents go through interview  in the home country then how long can I delay the interview? They are currently planning to be in USA till mid July.

 

Thanks

 

 

 

But why would you want to consider option 2 seeing that visas for parents of US citizens are banned for 60 days? Assume that the ban on IR-5 visas may be extended indefinitely and go from there. Do option 1 and make sure you apply for EAD and advanced parole. Be smart here and make a smart choice. If you know, you know.

[geowrian 22,338]

2 hours ago, Vabsmith said:

I see... so if they file for AOS and leave before getting AP approval then can they do consular processing in the home country?

Yes.

 

Quote

And I assume as soon as I file for AOS the visitor visa can no longer be used for travel back as it will be voided?

Filing for AOS alone does not void their visa. But if they overstay their I-94, they would need a new visa to visit. But even then, with a recently filed AOS application, being admitted even with an existing visa would be risky. The assumption would be they intend to immigrate...since they have applied to do so recently. So the risk of being denied entry even with an existing visa is fairly high IMO.

 

Once you decide to do AOS, assume you will need to ride it out in full. If that fails and you need to do consular processing, assume you will be outside the US until that visa is obtained.

 

Edited May 9, 2020 by geowrian

[Vabsmith 47]

1 hour ago, geowrian said:

Yes.

 

Filing for AOS alone foes not void their visa. But if they overstay their I-94, they would need a new visa to visit. But even then, with a recently filed AOS application, being admitted even with an existing visa would be risky. The assumption would be they intend to immigrate...since they have applied to do so recently. So the risk of being denied entry even with an existing visa is fairly high IMO.

 

Once you decide to do AOS, assume you will need to ride it out in full. If that fails and you need to do consular processing, assume you will be outside the US until that visa is obtained.

 

Thanks I think that explains my risk with doing consular processing. 

[SalishSea 18,191]

14 hours ago, Vabsmith said:

f they do get AP approved before July 

Before July???    Like two months from now?  Not going to happen.  Pre-covid it was taking 6-8 months.