I130 for parents

[Shroy123 749]

Hello everyone. My parents are living with me in US. I have filed for their I130 online and received i797 for both of my parents. It has been a month they haven't received biometrics notification. Their visa has expired and i filed petition a month before their visa expiration. Any idea how long does it take to get biometrics notice from USCIS? Also, can i file for their i485 based on pending i130 as well or I should wait till their i130 approves?

 

Thank You

[Boiler 45,514]

It seems that this is an adjustment case, so I have asked that this be moved to the appropriate forum.

 

Yes you would file the full package to adjust, I would start by reading the Guides and then ask if you have any questions.

[powerpuff 6,697]

*** Thread moved from Bringing Family members of US citizens to America forum (consular processing) to AOS work/student/tourist visas - this is an adjustment of status case ***

They will not get biometrics with I-130, it’s the I-485. I-485 should have been filed at the same time as I-130. You can still apply and include NOA1 of I-130 with it, do it ASAP as they’re now out of status and subject to deportation. Filing I-485 gives them authorized stay until decision is reached.

Edited November 19 by powerpuff
Typo

[Dashinka 24,497]

I agree, the I130 will not trigger a biometrics request, that will come with the I485.  Get it filed ASAP.

 

Good Luck!

[Shroy123 749]

Thank you i will file i485 within a week. Quick question, since I only filed i130 but filing i485 late will affect their immigration?

[powerpuff 6,697]

Overstay is forgiven for immediate relatives of US citizens so no issues there from USCIS standpoint.

Edited November 19 by powerpuff

[Boiler 45,514]

You have wasted time but that is about it.

[Shroy123 749]

Thank you everyone! I am submitting i485 within this week for my parents