bane

Hi there,

I have filed I-130 for my mom (who's in the USA) and my dad (who's in Kosovo - former Yugoslavia) back in February 22nd, but still haven't heard from INS yet. Does anyone have an idea how long does it take for INS to approve the filed application?

One more thing, my mom's VISA (B2) expired last month, and her passport has expired too. Is that a problem? will they deny her I-130 because of this?

I haven't applied for AOS though. Can I apply for AOS immediately after we receive approval notice for I-130? Right?

How about my dad who's NOT in the USA? Do we have to apply for him here or in the consulate in EX-Yugoslavia??


Please help me anyone, I would really appreciate it.

Thanks

Noorah101

You can check on www.uscis.gov to see processing times for the I-130 for a parent. As I said in another post, you could have filed both I-130 and I-485 concurrently for your mom who was already in the USA when you filed.

She probably won't be denied because of this, but she shouldn't leave the USA until she has permission to do so without incurring a ban.

I believe so...but not sure on this one.

You will fill out an I-130 for your dad and it will go through the channels in order for him to have his immigrant visa interview overseas at a consulate you determined on the paperwork.

Best Wishes,
Rene

bane

You will fill out an I-130 for your dad and it will go through the channels in order for him to have his immigrant visa interview overseas at a consulate you determined on the paperwork.


I just realized I haven't wrote anything on section 22 of I-130 which asks where will a parent apply for AOS, if not living in the USA. I left it blank Do you think i can write a letter and fill out the I-130 again?

Noorah101

I don't have an I-130 in front of me, and we didn't fill one out for our immigration route....but that question doesn't even make sense to me. Someone who fills out an I-130 won't be adjusting in the USA. He will be having an interview overseas, and entering the USA with an Immigrant Visa, which means he gets his PR status upon entry. No more need to AOS in the USA.

Sorry...the question doesn't make sense to me.

Rene

Noorah101

OK, I now have that page of the I-130 here, and am looking at question #22. It says:

Complete the information below if your relative is in the USA and will apply for adjustment of status. (this would be the case for your mom).

Your relative is in the USA and will apply for adjustment of status at the USCIS office in: (this is where you write the local office for your mom's AOS...whatever city you live in).

If your relative is not eligible for adjustment of status (this is your dad's case), he or she will apply for a visa abroad at the American consular post in: (this is where you fill out whatever embassy your dad will go to for his visa interview).

I imagine since you left it blank for your dad, they will automatically send it to the embassy that handles visas for someone living wherever your dad lives.

Best Wishes,
Rene