Terry

Hi,

My brother is a naturalized US citizen. He filed I-130 & I-485 together for my mom
in Chicago a month ago. INS notified him that the I-130 petition has been accepted
and being processed. However, the I-485 petition and application fee were sent
back to him saying that it should be filed at the local INS office upon the
approval of I-130.

I thought the two petitions can be filed at the same time, as many of you suggest so
in this forum.

My mom's visitor visa has expired as of now. Can she still stay here or does she
have to get her visitor visa extended? Can her visitor visa still be extended once
she has shown the intention to immigrate? How long does it take to process the I-130
for parent?

Thanks in advance for your help,

Terry

John Kao

Unfortunately they cannot be filed together for parents, they might be able to
for spouses.

Your mother can not legally stay here while the I-130 is pending, she could extend
the visa, but most likely it will be rejected due to her intent to immigrate, you
see, the b1/b2 visa is used only for non-immigrate purposes, to used it with intent
of immigrate is a visa fraud. Usually thats the reason for visa rejection in the
first place.

It's unfair, and lengthy process, but its reality.

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Terry

Thanks for the response!

If my mom continues to stay in US until her I-130 is approved, can she pay a fine
when she applied for I-485? How long does the I-130 processing normally take?

Is INS going to deport her soon since her visitor visa is expired?

Thanks again,

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[usenetquote2]> > Hi,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > My brother is a naturalized US citizen. He filed I-130 & I-485 together for my[/usenetquote2]
[usenetquote2]> > mom in Chicago a month ago. INS notified him that the I-130 petition has been[/usenetquote2]
[usenetquote2]> > accepted and being processed. However, the I-485 petition and application fee[/usenetquote2]
[usenetquote2]> > were sent back to him saying that it should be filed at the local INS office upon[/usenetquote2]
[usenetquote2]> > the approval of I-130.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > I thought the two petitions can be filed at the same time, as many of you suggest[/usenetquote2]
[usenetquote2]> > so in this forum.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > My mom's visitor visa has expired as of now. Can she still stay here or does she[/usenetquote2]
[usenetquote2]> > have to get her visitor visa extended? Can her visitor visa still be extended[/usenetquote2]
[usenetquote2]> > once she has shown the intention to immigrate? How long does it take to process[/usenetquote2]
[usenetquote2]> > the I-130 for parent?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Thanks in advance for your help,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Terry[/usenetquote2]
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Rob

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Yes, you can. Usualy you can even include other forms as I-131, etc. But you have to
send it to the LOCAL INS office.

Robert

Sylvia Ottemoeller

Terry wrote:

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Is INS Chicago your brother's local INS office or isn't it? What actually
happened here?

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Yes, they can. This privilege is available for all immediate relatives. The parent of
a U.S. citizen who is over 21 years of age is classified as an immediate relative.

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Even if she is considered to have overstayed her status, such violation of status
will eventually be forgiven, because she is an immediate relative. However, your
brother should try to straighten this out. It is not good for her to be living in the
U.S. in violated status.

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After the filing of Form I-130, probably not.

How long does it take to process
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I suggest that your brother and mother consult with a good immigration attorney
immediately, one who has been practicing in Chicago for a long time. The I-485 should
be filed and its acceptance date backdated to the original date it was submitted to
INS. I think INS made a mistake -- unless INS Chicago is not your INS district
office, and in that case I cannot figure out why they accepted the I-130. An I-130
filed by itself is supposed to be filed with the INS Service Center, in your case the
INS Nebraska Service Center.

Terry

Thanks for all your responses!

My brother lives in the northern suburb of Chicago. He sent both I-130 and I-485 to
the Nebraska INS center. The I-130 was accepted and the I-485 was returned. Now the
question is: should he file I-485 alone at the Chicago INS office NOW or should he
file I-130 again along with I-485 at the Chicago office?

I guess the question is whether it is ok to file I-485 while I-130 is pending.

Thanks again, folks!

Terry

Sylvia Ottemoeller

John Kao wrote:

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This statement is not correct. All immediate relatives have the privilege of filing
Form I-485 simultaneously with their U.S. citizen relative's I-130, at the INS
district office for their residence.

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[usenetquote2]>>My brother is a naturalized US citizen. He filed I-130 & I-485 together for my mom[/usenetquote2]
[usenetquote2]>>in Chicago a month ago. INS notified him that the I-130 petition has been accepted[/usenetquote2]
[usenetquote2]>>and being processed. However, the I-485 petition and application fee were sent[/usenetquote2]
[usenetquote2]>>back to him saying that it should be filed at the local INS office upon the[/usenetquote2]
[usenetquote2]>>approval of I-130.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>I thought the two petitions can be filed at the same time, as many of you suggest[/usenetquote2]
[usenetquote2]>>so in this forum.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>My mom's visitor visa has expired as of now. Can she still stay here or does she[/usenetquote2]
[usenetquote2]>>have to get her visitor visa extended? Can her visitor visa still be extended once[/usenetquote2]
[usenetquote2]>>she has shown the intention to immigrate? How long does it take to process the[/usenetquote2]
[usenetquote2]>>I-130 for parent?[/usenetquote2]

Sylvia Ottemoeller

Terry wrote:

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She would not have to. She qualifies for an exception under
245(c), which has no extra fee involved, as does 245(i).

How long does the I-130
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At the INS Nebraska Service Center (and who knows where your petition is actually
located at the moment?), perhaps 7 months. See http://www.shusterman.com/nsc.html.

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They probably will not, but they have the authority to do so. That's one reason that
I suggested you straighten this out.

Sylvia Ottemoeller

Terry wrote:

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The INS district office will not accept an I-485 unless it is accompanied by an I-130
*approval notice* (with a current priority date, which you don't have to worry about
because all immediate relatives' priority dates are always current), OR an I-130
(freshly filed simultaneously with the I-485) from an immediate relative.

So INS Chicago will not accept an I-485 by itself based on your brother's I-130
pending at INS NSC.

I suggest that your brother and mother file Forms I-130 (a new one with a new fee)
and I-485 at the INS Chicago district office. The fact that your mother has violated
status can be forgiven through INA 245(c). Your brother must disclose the previously
filed I-130 on the new I-130, but I don't believe that's a problem; I've heard of
that being done numerous times.

Your brother could then withdraw the other I-130, or just let it be approved in time.

Terry

If my brother withdraws the I-130 application, can he ask INS to send back the
supporting documents? It is a hassle to get all the documents together again.

Many thanks,

Terry

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Rob

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No, AFAIK you can't get them back. You should have all the copies/originals on file.

Rob

Sylvia Ottemoeller

Terry wrote:

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Rob is right; INS will not send you back the contents of a withdrawn petition.

Two principles to remember:

NEVER send an original document to INS, other than the forms with original
signatures; plain photocopies are sufficient for all purposes (despite what is on the
instructions, which are outdated). INS has the right to ask to see an original
document later if it wishes.

Make a complete photocopy of the entire package, and mail it to INS certified, return
receipt requested.