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How to bring parents-where to start?

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How to bring parents-where to start?

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Old Nov 12th 2008, 5:23 am
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Default Re: How to bring parents-where to start?

Originally Posted by samal1485
Hello,
Where should I start in order to bring parents in the USA?
I am a USA citizen, and I have 2 parents.
1. Do I need to submit two I-130?
2. Can I submit I-130 for my mother now (she is in the USA as tourist currently) and for my father later on? Or is it better to submit both I-130 at the same time?
3. At which point I will have to submit I-485?
4. Do I need to provide any medical insurance?
5. Would it be OK to submit I-130 while parents are staying in the USA as tourists or should I wait until they go back home?
Thanks a lot,
Samal
Hi:

As you seem to be aware, you have to file an I-130 for each parent. There is no derivative status from Immediate Relative petitions. [When I started in this field 30 years ago, the leading treatise stated this was an "oversight" that would be corrected at some time. It never has. That language disappeared from the treatise a long time ago].

For your mother, you can file the I-130 and I-485 concurrently. You can also file the I-130 for your father at the same time to start consular processing for them. By the way, you can get advance parole for mother so she can travel home -- in fact, many attorneys have a feeling that using the advance parole in this situation allows one to say that the person came in as a tourist and then left just like they were supposed to!

You do have to do an I-864 affidavit support for each parent. At the present, you will need only do one for mother. But eventually you will have to do one for father also. On getting medical insurance for your parents, the law does not strictly require it, but it is within the sound discretion of the CIS examiner or the ConOff to ask for it to meet the "public charge" requirements. It is also a good idea for your own finances.
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