i130, i485 filed last year - exploring a path forward

[sahihe 0]

Hi everyone, I would appreciate your help in exploring what might be a good path forward here.

 

I filed i130 for my parents on Feb 07, 2022, and then filed i485 and i131 on May 11, 2022. Fingerprinting was done at the end of May. 

 

There hasn't been any progress since then and my parents need to travel back to India. I am wondering what might be the best course of action at this point. 

 

option A: Wait for i131 to get approved and then travel.

Looks like it is taking about a year for i131 to get approved, so we can expect this sometime in May, 2023.

Quick question: Is this actually going to get processed (and be valid for travel) if i130 itself is not yet approved?

 

Option B: Switch to Counselor processing now, since the i130 is not yet approved

From what I've gathered, it is taking close to 2 years for the AOS to happen. The i130 is still in processing. Could we still switch to counselor processing, so they can travel back and do the full processing from India. My concern/question is that, since they have overstayed their visa (it was till May, 2022), what problems could this cause, in getting the GC, or in traveling back to US.

 

I'd love to get your input and any other ideas we can explore.

 

Thanks,

Sahi
 

[Crazy Cat 41,299]

Sounds like they will have a ban if they leave the US.  Overstay > 6 months = 3 year ban.  If they overstay for a year, then the ban will increase to 10 years. 

Edited February 2, 2023 by Crazy Cat

[SalishSea 17,510]

1 hour ago, sahihe said:

Hi everyone, I would appreciate your help in exploring what might be a good path forward here.

 

I filed i130 for my parents on Feb 07, 2022, and then filed i485 and i131 on May 11, 2022. Fingerprinting was done at the end of May. 

 

There hasn't been any progress since then and my parents need to travel back to India. I am wondering what might be the best course of action at this point. 

 

option A: Wait for i131 to get approved and then travel.

Looks like it is taking about a year for i131 to get approved, so we can expect this sometime in May, 2023.

Quick question: Is this actually going to get processed (and be valid for travel) if i130 itself is not yet approved?

 

Option B: Switch to Counselor processing now, since the i130 is not yet approved

From what I've gathered, it is taking close to 2 years for the AOS to happen. The i130 is still in processing. Could we still switch to counselor processing, so they can travel back and do the full processing from India. My concern/question is that, since they have overstayed their visa (it was till May, 2022), what problems could this cause, in getting the GC, or in traveling back to US.

 

I'd love to get your input and any other ideas we can explore.

 

Thanks,

Sahi
 

Perhaps it was not the best idea to have them overstay and adjust?  Being unable to work/travel is the consequence to that choice.

[sahihe 0]

49 minutes ago, Jorgedig said:

Perhaps it was not the best idea to have them overstay and adjust?  Being unable to work/travel is the consequence to that choice.

Clearly. Not fully understanding these timelines and the impacts, I've gotten my parents in a bind here for no good reason. I am trying to figure out what might be best course of action or options at this point. Thanks.

Edited February 2, 2023 by sahihe

[iwannaplay54 985]

9 hours ago, sahihe said:

Hi everyone, I would appreciate your help in exploring what might be a good path forward here.

 

I filed i130 for my parents on Feb 07, 2022, and then filed i485 and i131 on May 11, 2022. Fingerprinting was done at the end of May. 

 

There hasn't been any progress since then and my parents need to travel back to India. I am wondering what might be the best course of action at this point. 

 

option A: Wait for i131 to get approved and then travel.

Looks like it is taking about a year for i131 to get approved, so we can expect this sometime in May, 2023.

Quick question: Is this actually going to get processed (and be valid for travel) if i130 itself is not yet approved?

 

Option B: Switch to Counselor processing now, since the i130 is not yet approved

From what I've gathered, it is taking close to 2 years for the AOS to happen. The i130 is still in processing. Could we still switch to counselor processing, so they can travel back and do the full processing from India. My concern/question is that, since they have overstayed their visa (it was till May, 2022), what problems could this cause, in getting the GC, or in traveling back to US.

 

I'd love to get your input and any other ideas we can explore.

 

Thanks,

Sahi
 

Input:  If you want to see your parents in the US in the next few years they need to stay put until their I131 is approved.  This is processed and valid before the I130/I485 is approved.

[Boiler 44,955]

Why do they need to leave?

[SalishSea 17,510]

9 hours ago, sahihe said:

Clearly. Not fully understanding these timelines and the impacts, I've gotten my parents in a bind here for no good reason. I am trying to figure out what might be best course of action or options at this point. Thanks.

That is understandable.  What isn't so much is the people who seek B visas (the conditions of which require no immigrant intent) for parents who do not intend to return home.

[sahihe 0]

Thanks everyone for the help so far. To explore the options further...

 

option A: Wait for i131 to get approved and then travel.

Currently the wait time for i131 processing from NBC is 11.5 months. Is this counted from i131 filing (filed along with i486 in May, 2022) or i130 filing (Feb, 2022). The i485  has a priority date of Feb, 2022 (due to concurrent filing).

 

Option B: Switch to Counselor processing now, since the i130 is not yet approved

In case the i131 approval does not come through soon enough, could I switch to counselor processing before i130 is approved. I'm sure the overstay would need to be explained during the counselor processing. Is there a good chance of counselor processing succeeding, or is it a straight decline due to the the overstay. They've traveled on visitor visa for 20+ years without a single day of overstay.

 

And lastly, my DIY misadventure has already caused enough anxiety, so if someone has a suggestion for an immigration lawyer I'd appreciate that.

[Lil bear 4,084]

52 minutes ago, sahihe said:

 

 

And lastly, my DIY misadventure has already caused enough anxiety, so if someone has a suggestion for an immigration lawyer I'd appreciate that.

You got the processing right.. just didnt understand the flow on consequences and timing .. lawyers wont necessarily be telling you that .. its a matter of understanding it yourself and asking questions .. before rather than later !! 
 

Abandoning the AOS process wont affect a future application through Consular Processing but it will incur an overstay ban, cause any current tourist visa to be cancelled immediately, and cause zero chance of visiting the US again. 
 

Can they wait a bit longer here?  You are so far through this step .. but its their choice .. they can weigh up the impact of the ban verses the impact of staying in the US.. and then decide  

Edited February 4, 2023 by Lil bear

[sahihe 0]

4 minutes ago, Lil bear said:

 

Did you mean to provide recommendation of a lawyer? Thanks.

[Lil bear 4,084]

1 minute ago, sahihe said:

Did you mean to provide recommendation of a lawyer? Thanks.

My oops. I hit submit too soon. 

[Crazy Cat 41,299]

22 minutes ago, sahihe said:

Thanks everyone for the help so far. To explore the options further...

 

option A: Wait for i131 to get approved and then travel.

Currently the wait time for i131 processing from NBC is 11.5 months. Is this counted from i131 filing (filed along with i486 in May, 2022) or i130 filing (Feb, 2022). The i485  has a priority date of Feb, 2022 (due to concurrent filing).

 

Option B: Switch to Counselor processing now, since the i130 is not yet approved

In case the i131 approval does not come through soon enough, could I switch to counselor processing before i130 is approved. I'm sure the overstay would need to be explained during the counselor processing. Is there a good chance of counselor processing succeeding, or is it a straight decline due to the the overstay. They've traveled on visitor visa for 20+ years without a single day of overstay.

 

And lastly, my DIY misadventure has already caused enough anxiety, so if someone has a suggestion for an immigration lawyer I'd appreciate that.

If I am reading everything correctly, 

Option A is what I would do.

Option B will result in a ban from entering the US.  Either 3 years or 10 years.   They have already overstayed since May 2022.  Their tourist visa is gone. 

Edited February 4, 2023 by Crazy Cat

[sahihe 0]

9 minutes ago, Lil bear said:

You got the processing right.. just didnt understand the flow on consequences and timing .. lawyers wont necessarily be telling you that .. its a matter of understanding it yourself and asking questions .. before rather than later !! 

I so wish I had found this forum at the start of the process. I spent a bunch of time researching how to do this and then made this silly mistake. I didn't realize the they would be out of status as soon as they overstay. I naively thought they are already in processing for the next step and would stay in-status.

[Lil bear 4,084]

5 minutes ago, sahihe said:

I so wish I had found this forum at the start of the process. I spent a bunch of time researching how to do this and then made this silly mistake. I didn't realize the they would be out of status as soon as they overstay. I naively thought they are already in processing for the next step and would stay in-status.

Its an easy mistake to make .. understanding the complexities can be challenging. 

[Crazy Cat 41,299]

Option B will result a significant delay since the I-130 was intended for Adjustment of Status.  An I-824 will probably be required to move it to NVC for consular processing.  That will take a year.

Edited February 4, 2023 by Crazy Cat