filing for parents already in the US - adjust status questions

[YecaCruz 379]

Good morning,

 

This is not for me but for my friend who just passed his citizenship test and is awaiting the ceremony. His folks are from the Philippines. Came on a nurse visa or something like that 2 decades ago and are still here. Won't get into details as I am not entirely sure all that has happened since unless it's needed and then I can find out; but his parents currently have work authorizations and are in a period of "prosecutoral discretion" for the past 10 years (maybe less but that's how long it feels like) due to court cases endlessly being delayed and rescheduled .

 

Question 1: My rudimentary understanding is that since the parents are here and came through legal means that their son, once he does the oath ceremony, can file for his parents. He needs to file

2 I-130s, 2 I-485s, 2 I-864s altogether to begin the process to adjust their status to become permanent residents. Is this correct?

 

 

Question 2: 

Since he would be filing all these at the same time, he wouldn't have a receipt number would he? Put N/A, or filed concurrent? This question is on the I-485

 

Thank you for any guidance you can offer. 

 

[Crazy Cat 41,814]

He needs an attorney.

6 minutes ago, YecaCruz said:

but his parents currently have work authorizations and are in a period of "prosecutoral discretion" for the past 10 years (maybe less but that's how long it feels like) due to court cases endlessly being delayed and rescheduled .

This complicates things.  This is not a DIY case, imo.

Edited April 14, 2023 by Crazy Cat

[YecaCruz 379]

1 minute ago, Crazy Cat said:

He needs an attorney.

This complicates things.  This is not a DIY case, imo.

They have one that has been helping them with this court stuff. Do you have any insight the adjust status questions

[YecaCruz 379]

This happened a while ago and some of the details may be iffy.

 

The mom filed whatever she was supposed to file to extend their stay as they had always done. Somewhere along the line it either got lost in the mail or lost in the depths of USCIS and didn't get done. Whatever the case then they became illegal due to that, I guess? She was then stopped for a traffic stop later and asked to produce papers, which is surprising for that to happen in ND. Of course, she doesn't have what they are looking for so she gets send to jail and the immigration court cases begin, with help from an attorney.

 

Where they are right now is that they are placed under this period prosecutoral discretion. My dad who was at that particular court case (we are good friends with them) and when he recalls the verbiage from the judge is that they are allowed to stay as long as they don't do anything illegal which grants them this authorized stay.

[Mike E 11,739]

17 minutes ago, YecaCruz said:

Do you have any insight the adjust status questions

They each have a case with immigration court. My understanding is until that changes, USCIS has no jurisdiction to move their green card cases forward.  An immigration lawyer will properly orchestrate the necessary steps.

 

@Misscloud

 

3 minutes ago, YecaCruz said:

which is surprising for that to happen in ND

Not to me. If one has no authorized presence, a border state is the worst place to live in.

[Adventine 3,196]

Maybe it's better for one of the family members to post on VJ with all the details about their case. It's difficult to give good answers  based on second or third-hand information.

[Verrou 1,962]

Prosecutorial Discretion usually mean the government wont deport them to their home country ( but no guarantee they wont in the future depend on the condition) but they are not "legal" in a way. during Trump administration they abolished that PD.

 

now if memory serve, they most likely still have their ( active or non active or admin closed) in the court. so need to make sure about the  status of the EOIR case first before even filing the AOS. 

 

shop for lawyers, get 2nd 3rd opinion, best to file for FOIA request aswell because its been 2 decades

Edited April 14, 2023 by Misscloud

[Verrou 1,962]

24 minutes ago, YecaCruz said:

which is surprising for that to happen in ND. Of course, she doesn't have what they are looking for so she gets send to jail and the immigration court cases begin, with help from an attorney.

 

 

then for sure dont file AOS right now. until the court case is finished, she cant adjust status ( get GC)

 

ur friend probably can file i-130 ONLY for her but please take my advise with grain of salt. normally when u file i-130 while there's issue at the court, USCIS 90% sat on the case collecting dust. my i-130 got approved after 19 months + interview and USCIS wont even approved my GC until my court case is terminated.

 

consult lawyers. plural. i do have a lawyer at that time, not motivated at all. i shopped for almost 70 lawyers last year to get opinions. dont trust just 1 lawyer opinion. 

Edited April 14, 2023 by Misscloud

[YecaCruz 379]

4 minutes ago, Misscloud said:

then for sure dont file AOS right now. until the court case is finished, she cant adjust status ( get GC)

 

ur friend probably can file i-130 ONLY for her but please take my advise with grain of salt. normally when u file i-130 while there's issue at the court, USCIS 90% sat on the case collecting dust. my i-130 got approved after 19 months + interview and USCIS wont even approved my GC until my court case is terminated.

 

consult lawyers. plural. i do have a lawyer at that time, not motivated at all. i shopped for almost 70 lawyers last year to get opinions. dont trust just a lawyer. 

Thank you for the advice. This is also why I wanted to ask you all since I don't trust lawyers either after reading about all the awful experiences people have had with them on this forum. Definitely not ones from ND where immigration stuff is something you only see on TV especially where all this happened, New Rockford ND. The only foreign thing in that part of ND is the Chinese Buffet 30 minutes down the road.

Edited April 14, 2023 by YecaCruz

[Verrou 1,962]

3 minutes ago, YecaCruz said:

Thank you for the advice. This is also why I wanted to ask you all since I don't trust lawyers either and reading about all the crappy experiences people have had with them on this forum. Definitely not ones from ND where immigration stuff is something you only see on TV especially where all this happened, New Rockford ND. The only foreign thing in that part of ND is the Chinese Buffet 30 minutes down the road.

depend on the situation, sometimes local lawyers can be good if they are motivated lawyers, in the court everyday, know all the DHS attorney and judges. can definitely help the case.  but like u said, it's a big question mark in ND for lawyers

Edited April 14, 2023 by Misscloud

[Crazy Cat 41,814]

4 minutes ago, YecaCruz said:

The only foreign thing in that part of ND is the Chinese Buffet 30 minutes down the road.

I've been through that area several times as I was stationed at Minot ABF for a few years back in the early 70s. 

[Family 3,988]

17 minutes ago, YecaCruz said:

Thank you for the advice. This is also why I wanted to ask you all since I don't trust lawyers either after reading about all the awful experiences people have had with them on this forum. Definitely not ones from ND where immigration stuff is something you only see on TV especially where all this happened, New Rockford ND. The only foreign thing in that part of ND is the Chinese Buffet 30 minutes down the road

Their court cases are admin closed . 
They can start by immediately filing I-130 s for each parent, make sure to show proceedings status .This is filed as regular petition w USCIS. 
 

When I-130 gets approved, then file a ( combined) Motion to Recalendar/ Motion to Terminate . 

@Misscloud actually drafted one , just add the re calendar heading 😀 in prep for her case! 
 

After grant of termination, file I-485 w USCIS. 
 

Although , I wouldn’t be adverse to filing I-130 / I-485 now w USCIS..knowing the I-485 will be put on hold for lack of jurisdiction ( wait until court terminated).. as a safety measure for upcoming elections and possible administration change.

 

Tell them to take action soon

 

[Verrou 1,962]

4 minutes ago, Family said:

 

When I-130 gets approved, then file a ( combined) Motion to Recalendar/ Motion to Terminate . 

@Misscloud actually drafted one , just add the re calendar heading 😀 in prep for her case! 
 

 

excuse me, by now u already know me @Family i have at least 3 versions LOL !

1. MOTION TO TERMINATE

2. MOTION TO ADVANCE

3. MOTION TO RECALENDAR AND TERMINATE 

 

 

Edited April 14, 2023 by Misscloud

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to AOS from Work/Student/Tourist Visas forum ***