I-485 for parent

[evad 0]

Hello everyone,

I am trying to apply for adjustment of status for my mother and i am confused. I am a US citizen and my mom is still in a visitor visa. Where shoud i start? Should i apply I 130 with a I 485(package) together or I have to apply I 130 first, and then apply for I485 after I 130 is approved?

Thank you for your help.

[Gaby&Talbert 1]

Hello everyone,

I am trying to apply for adjustment of status for my mother and i am confused. I am a US citizen and my mom is still in a visitor visa. Where shoud i start? Should i apply I 130 with a I 485(package) together or I have to apply I 130 first, and then apply for I485 after I 130 is approved?

Thank you for your help.

You must start with the I-130. She will have to leave to interview in her home country. Make sure she does not overstay.

[evad 0]

Why she needs to leave? She is a visitor right now...She can't have the interview here?

[Gaby&Talbert 1]

Why she needs to leave? She is a visitor right now...She can't have the interview here?

Unfortunately there isn't an option to interview in the US. There is only one way someone can come to the US and adjust without returning to their home country and that is through marriage to a US Citizen (if your intent was not to get married when she came here).

Other that assylum there isn't an option.

[Gaby&Talbert 1]

Why she needs to leave? She is a visitor right now...She can't have the interview here?

She can stay as long as her I-94 doesn't expire and then you might file an extension but ultimately she has to go back for the interview and make sure she does not have an overstay because it just makes things more difficult.

[YuAndDan 153]

Hello everyone,

I am trying to apply for adjustment of status for my mother and i am confused. I am a US citizen and my mom is still in a visitor visa. Where shoud i start? Should i apply I 130 with a I 485(package) together or I have to apply I 130 first, and then apply for I485 after I 130 is approved?

Thank you for your help.

You must start with the I-130. She will have to leave to interview in her home country. Make sure she does not overstay.

Actualy both can be filed together, and can adjust status in the USA.

The I-485 is filed concuretly based on a visa number being imediatly available for the parent.

Parents fall in the un-limited visa class based on US citizen filing I-130 for them.

So you file I-485 and I-130 together to the Chicago PO box, attach 2 fees one for the I-130 and one for the I-485. You will check "A" on the I-485, and I would also file I-765 for EAD, and perhaps I-131 for an AP. There is no additional fees for I-765 and I-131 based on the pending I-485

You can use this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2 (Just adjust for an I-130 filing for parent)

I-485 directions:

1. Based on an immigrant petition.

You may apply to adjust your status if:

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

B. You are filing this application with a completed relative petition, special immigrant juvenile petition or special immigrant military petition which if approved would make an immigrant visa number immediately available to you.

http://www.uscis.gov/files/form/i-485instr.pdf

NOTE: once the petitions are filed, your parent may remain and no extensions are needed, status will be AOS pending, and can remain without penilty until USCIS makes a decision on the AOS.

Edited April 14, 2008 by YuAndDan

[YuAndDan 153]

Why she needs to leave? She is a visitor right now...She can't have the interview here?

She can stay as long as her I-94 doesn't expire and then you might file an extension but ultimately she has to go back for the interview and make sure she does not have an overstay because it just makes things more difficult.

Incorrect, A parent can adjust status in USA based on an immediately available visa from a citizen filing I-130 for their parent.

Why she needs to leave? She is a visitor right now...She can't have the interview here?

Unfortunately there isn't an option to interview in the US. There is only one way someone can come to the US and adjust without returning to their home country and that is through marriage to a US Citizen (if your intent was not to get married when she came here).

Other that assylum there isn't an option.

Incorrect.

[Gaby&Talbert 1]

Why she needs to leave? She is a visitor right now...She can't have the interview here?

She can stay as long as her I-94 doesn't expire and then you might file an extension but ultimately she has to go back for the interview and make sure she does not have an overstay because it just makes things more difficult.

Incorrect, A parent can adjust status in USA based on an immediately available visa from a citizen filing I-130 for their parent.

Why she needs to leave? She is a visitor right now...She can't have the interview here?

Unfortunately there isn't an option to interview in the US. There is only one way someone can come to the US and adjust without returning to their home country and that is through marriage to a US Citizen (if your intent was not to get married when she came here).

Other that assylum there isn't an option.

Incorrect.

I appologize I was not aware of this. It seems stange then why they deny B1 visas to parents if they don't think they will return to their home country if they are allowed to adjust here in the US. How can you prove your intent was not to immigrate when you innitially came for a parent?

Edited April 15, 2008 by Gaby&Talbert

[YuAndDan 153]

I appologize I was not aware of this. It seems stange then why they deny B1 visas to parents if they don't think they will return to their home country if they are allowed to adjust here in the US.

Yes, they can and do deny B-1 for that reason, but much less for situations where their children are now US Citizens.

[Gaby&Talbert 1]

I appologize I was not aware of this. It seems stange then why they deny B1 visas to parents if they don't think they will return to their home country if they are allowed to adjust here in the US.

Yes, they can and do deny B-1 for that reason, but much less for situations where their children are now US Citizens.

I wonder how much of a risk it is if USCIS were to say that they entered with the intent to immigrate?

[Mononoke28 135]

How can the USCIS prove that the parent came here with the intention to stay? All they have to do is that they talked about it when they got here and chose to stay.

But you didn't hear this from me.

Diana

[Gaby&Talbert 1]

How can the USCIS prove that the parent came here with the intention to stay? All they have to do is that they talked about it when they got here and chose to stay.

But you didn't hear this from me.

Diana

In my opinion it should be that easy but we all know USCIS and they don't make it easy for anyone. If it were that simple everyone would come here as a visitor and then adjust status. I guess it is allowed but is it a risk? Bottom line is they qualify to immigrate so why does USCIS even care if they stay here on a tourist visa?

[Gini 0]

Hello everyone,

I am trying to apply for adjustment of status for my mother and i am confused. I am a US citizen and my mom is still in a visitor visa. Where shoud i start? Should i apply I 130 with a I 485(package) together or I have to apply I 130 first, and then apply for I485 after I 130 is approved?

Thank you for your help.

I am actually doing this for my Dad. If you go to the INS mainpage, click on the "How do I" factsheets then in the middle of the page that opens up, click on the "if I was a US citizen, how do I" - that is an excellent starting page.

I thought I would use an immigration lawyer to help me do this since I didn't know where to start. I wrote down all the questions that I wanted to ask the lawyer and instead called the INS and went through the whole gamut of menu until I finally talked to a real person , customer service. I went down my list of questions and I was very satisfied with them. So basically, you can adjust status either way... if the intending immigrant were inside or outside of USA. They don't have to go home. You can petition and adjust concurrently.

I have completed the adjusment package for my Dad including I-130. I-485, I-864, I-693. I had him do the medical checkup already, photos taken. So I will be sending the whole package of the sealed medical report, affidavit of support and all supporting papers, the relative petition and adjustment of status forms etc. and all the supporting papers. Just make sure you make 2 copies of the whole package so you know exactly what you sent. Hope I helped. Good Luck .

[kiwis 0]

I have completed the adjusment package for my Dad including I-130. I-485, I-864, I-693. I had him do the medical checkup already, photos taken. So I will be sending the whole package of the sealed medical report, affidavit of support and all supporting papers, the relative petition and adjustment of status forms etc. and all the supporting papers. Just make sure you make 2 copies of the whole package so you know exactly what you sent. Hope I helped. Good Luck .

I've been doing a lot of research on how to get green cards for my parents. "Gini" is very right about what applications we have to file if your parents are here in the US - I-130, I-485, I-864, I-693, and G325A (required for people 14-79 years old), and I-864A (my spouse is the co-sponsor and we filed joint tax return)

Does anyone know how long it takes for them to get the green card from the date that I mailed the applications?