sahihe

That is not true and I didn't say that anywhere. That said, I appreciate your help with the suggestion of option A.

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.

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

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.

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.

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

Thanks for those pointers @Chancy. I will check those out now.

That's excellent. Congratulations!!!

Hi everyone, I just found this excellent resource. Wish I'd seen this at the time of filing. I filed i130 for my parents online, on Feb 7, 2022. Got the NOA1 the same day. Haven't received any updates since then. We then filed AOS I485 on May 11, 2022, and marked it for concurrent processing. In November, got an RFE for i864, since I'd mistakenly filed it using an expired version of the form. No progress since then. I'm wondering, will the RFE move the priority date to the RFE date? Other than that, waiting for an approval on the i130, hopefully soon.