Citizen apply parent for immigration
Feb 16th 2001, 6:59 pm
#1
Guest
Posts: n/a
My friend would like me to help her to post this question:
She is a naturalized citizen and she would like to apply for her mom for AOS.She is US now
with B-2 visa. The question is:
1. Someone told her to file I-130 first. After I-130 approved, file AOS.
Question:
2.Does she need to extend her status for B-2 before I-130 approved ?
3.What is the benefit of filing I-130 and I-485 together vs I-130 and I-485
seperately ?
4. Can she ask for advance parole to go some other country while I-485 is pending
and I-130 not approved ?
Thanks in advance,
She is a naturalized citizen and she would like to apply for her mom for AOS.She is US now
with B-2 visa. The question is:
1. Someone told her to file I-130 first. After I-130 approved, file AOS.
Question:
2.Does she need to extend her status for B-2 before I-130 approved ?
3.What is the benefit of filing I-130 and I-485 together vs I-130 and I-485
seperately ?
4. Can she ask for advance parole to go some other country while I-485 is pending
and I-130 not approved ?
Thanks in advance,
Feb 16th 2001, 7:02 pm
#2
Guest
Posts: n/a
> My friend would like me to help her to post this question:
>
> She is a naturalized citizen and she would like to apply for her mom for AOS.She is US
> now with B-2 visa. The question is:
>
> 1. Someone told her to file I-130 first. After I-130 approved, file AOS.
This would be stupid since her mother qualifies as an immediate relative: File the I-485
with the I-130.
> Question:
> 1.Does she need to extend her status for B-2 before I-130 approved ?
Don't bother - file the I-485.
> 2.What is the benefit of filing I-130 and I-485 together vs I-130 and I-485
> seperately ?
She'll be legal, it will be quicker, she can file for advance parole to travel abroad, she
can get work authorization if necessary.
> 3. Can she ask for advance parole to go some other country while I-485 is pending
> and I-130 not approved ?
Yes. She must file an I-131.
Andy.
--
I'm not really here - it's just your warped imagination.
>
> She is a naturalized citizen and she would like to apply for her mom for AOS.She is US
> now with B-2 visa. The question is:
>
> 1. Someone told her to file I-130 first. After I-130 approved, file AOS.
This would be stupid since her mother qualifies as an immediate relative: File the I-485
with the I-130.
> Question:
> 1.Does she need to extend her status for B-2 before I-130 approved ?
Don't bother - file the I-485.
> 2.What is the benefit of filing I-130 and I-485 together vs I-130 and I-485
> seperately ?
She'll be legal, it will be quicker, she can file for advance parole to travel abroad, she
can get work authorization if necessary.
> 3. Can she ask for advance parole to go some other country while I-485 is pending
> and I-130 not approved ?
Yes. She must file an I-131.
Andy.
--
I'm not really here - it's just your warped imagination.
Feb 16th 2001, 9:10 pm
#3
Guest
Posts: n/a
Agree with Andy, just file the I-485 package, you can download all the forms from the INS
website: http://www.ins.usdoj.gov/graphics/fo...orms/i-485.htm
| > My friend would like me to help her to post this question:
| >
| > She is a naturalized citizen and she would like to apply for her
mom for
| > AOS.She is US now with B-2 visa. The question is:
| >
| > 1. Someone told her to file I-130 first. After I-130 approved,
file AOS.
|
| This would be stupid since her mother qualifies as an immediate
relative:
| File the I-485 with the I-130.
|
| > Question:
| > 1.Does she need to extend her status for B-2 before I-130
approved ?
|
| Don't bother - file the I-485.
|
| > 2.What is the benefit of filing I-130 and I-485 together vs
I-130
| > and I-485 seperately ?
|
| She'll be legal, it will be quicker, she can file for advance parole
to
| travel abroad, she can get work authorization if necessary.
|
| > 3. Can she ask for advance parole to go some other country
while
| > I-485 is pending and I-130 not approved ?
|
| Yes. She must file an I-131.
|
| Andy.
|
| --
| I'm not really here - it's just your warped imagination.
|
|
|
website: http://www.ins.usdoj.gov/graphics/fo...orms/i-485.htm
| > My friend would like me to help her to post this question:
| >
| > She is a naturalized citizen and she would like to apply for her
mom for
| > AOS.She is US now with B-2 visa. The question is:
| >
| > 1. Someone told her to file I-130 first. After I-130 approved,
file AOS.
|
| This would be stupid since her mother qualifies as an immediate
relative:
| File the I-485 with the I-130.
|
| > Question:
| > 1.Does she need to extend her status for B-2 before I-130
approved ?
|
| Don't bother - file the I-485.
|
| > 2.What is the benefit of filing I-130 and I-485 together vs
I-130
| > and I-485 seperately ?
|
| She'll be legal, it will be quicker, she can file for advance parole
to
| travel abroad, she can get work authorization if necessary.
|
| > 3. Can she ask for advance parole to go some other country
while
| > I-485 is pending and I-130 not approved ?
|
| Yes. She must file an I-131.
|
| Andy.
|
| --
| I'm not really here - it's just your warped imagination.
|
|
|
Feb 16th 2001, 9:38 pm
#4
Guest
Posts: n/a
Thanks for your response.
Some one from INS just told her:
1. Even if you file I-485 and I-130 together and get advanced parole, but if the approval
of I-130 is later than legal stay (say one year after she legally entered into US), she
will count as illegal to stay in US. Is this right ? Advance parole will not gurantee
her back to US if she wants to be back via advance parole to US before I-130 approved.
2. I found a web site about I-130 processing time in CSC. It has three categories. I-130
Spouse , I-130 M/C, I-130 Other ? Which category does the parents belong to ?
3. If you file I-130 and I-485 together, is it going to be processed in Local INS office (
for us San Jose. San Jose is very slow in processing , around 2.5 year for family base
immigration). But if you I-130 seperately, you filed them to Service Center ( for CSC)
. May be it is faster. Is it right ?
Andy Platt wrote:
>
> > My friend would like me to help her to post this question:
> >
> > She is a naturalized citizen and she would like to apply for her mom for AOS.She is US
> > now with B-2 visa. The question is:
> >
> > 1. Someone told her to file I-130 first. After I-130 approved, file AOS.
>
> This would be stupid since her mother qualifies as an immediate relative: File the I-485
> with the I-130.
>
> > Question:
> > 1.Does she need to extend her status for B-2 before I-130 approved ?
>
> Don't bother - file the I-485.
>
> > 2.What is the benefit of filing I-130 and I-485 together vs I-130 and I-485
> > seperately ?
>
> She'll be legal, it will be quicker, she can file for advance parole to travel abroad,
> she can get work authorization if necessary.
>
> > 3. Can she ask for advance parole to go some other country while I-485 is
> > pending and I-130 not approved ?
>
> Yes. She must file an I-131.
>
> Andy.
>
> --
> I'm not really here - it's just your warped imagination.
Some one from INS just told her:
1. Even if you file I-485 and I-130 together and get advanced parole, but if the approval
of I-130 is later than legal stay (say one year after she legally entered into US), she
will count as illegal to stay in US. Is this right ? Advance parole will not gurantee
her back to US if she wants to be back via advance parole to US before I-130 approved.
2. I found a web site about I-130 processing time in CSC. It has three categories. I-130
Spouse , I-130 M/C, I-130 Other ? Which category does the parents belong to ?
3. If you file I-130 and I-485 together, is it going to be processed in Local INS office (
for us San Jose. San Jose is very slow in processing , around 2.5 year for family base
immigration). But if you I-130 seperately, you filed them to Service Center ( for CSC)
. May be it is faster. Is it right ?
Andy Platt wrote:
>
> > My friend would like me to help her to post this question:
> >
> > She is a naturalized citizen and she would like to apply for her mom for AOS.She is US
> > now with B-2 visa. The question is:
> >
> > 1. Someone told her to file I-130 first. After I-130 approved, file AOS.
>
> This would be stupid since her mother qualifies as an immediate relative: File the I-485
> with the I-130.
>
> > Question:
> > 1.Does she need to extend her status for B-2 before I-130 approved ?
>
> Don't bother - file the I-485.
>
> > 2.What is the benefit of filing I-130 and I-485 together vs I-130 and I-485
> > seperately ?
>
> She'll be legal, it will be quicker, she can file for advance parole to travel abroad,
> she can get work authorization if necessary.
>
> > 3. Can she ask for advance parole to go some other country while I-485 is
> > pending and I-130 not approved ?
>
> Yes. She must file an I-131.
>
> Andy.
>
> --
> I'm not really here - it's just your warped imagination.
Feb 16th 2001, 10:21 pm
#5
Guest
Posts: n/a
> 1. Even if you file I-485 and I-130 together and get advanced parole, but if the
> approval of I-130 is later than legal stay (say one year after she legally entered
> into US), she will count as illegal to stay in US. Is this right ? Advance parole
> will not gurantee her back to US if she wants to be back via advance parole to US
> before I-130 approved.
Complete bull.
If you file both I-130/I-485 simultaneously, parents are here legally as of date of
filing, regardless of how long it takes to adjucate. They can use AP.
If you file the I-130 alone, then yes, the become illegal as soon as the I-94 expires.
They should not use AP if they overstay the expiration of the I-94 by more than 179 days.
> 2. I found a web site about I-130 processing time in CSC. It has three categories. I-130
> Spouse , I-130 M/C, I-130 Other ? Which category does the parents belong to ?
Probably Other. But you're not going to file the I-130 alone anyway, so it's irrelevant.
> 3. If you file I-130 and I-485 together, is it going to be processed in Local INS office
> ( for us San Jose. San Jose is very slow in processing , around 2.5 year for family
> base immigration). But if you I-130 seperately, you filed them to Service Center (
> for CSC) . May be it is faster. Is it right ?
If you file the I-130 alone, so parents can get a visa in their home country, it might be
faster than filing AOS. However, that means parents must leave at expiration of the I-94,
and go back to home country to get an immigrant visa.
It doesn't make sense to file the I-130 alone if they plan to AOS. Once the I-130 is
approved, you STILL have to file the I-485 at San Jose! So, you're just adding the two
waiting times!
Paulgani
> approval of I-130 is later than legal stay (say one year after she legally entered
> into US), she will count as illegal to stay in US. Is this right ? Advance parole
> will not gurantee her back to US if she wants to be back via advance parole to US
> before I-130 approved.
Complete bull.
If you file both I-130/I-485 simultaneously, parents are here legally as of date of
filing, regardless of how long it takes to adjucate. They can use AP.
If you file the I-130 alone, then yes, the become illegal as soon as the I-94 expires.
They should not use AP if they overstay the expiration of the I-94 by more than 179 days.
> 2. I found a web site about I-130 processing time in CSC. It has three categories. I-130
> Spouse , I-130 M/C, I-130 Other ? Which category does the parents belong to ?
Probably Other. But you're not going to file the I-130 alone anyway, so it's irrelevant.
> 3. If you file I-130 and I-485 together, is it going to be processed in Local INS office
> ( for us San Jose. San Jose is very slow in processing , around 2.5 year for family
> base immigration). But if you I-130 seperately, you filed them to Service Center (
> for CSC) . May be it is faster. Is it right ?
If you file the I-130 alone, so parents can get a visa in their home country, it might be
faster than filing AOS. However, that means parents must leave at expiration of the I-94,
and go back to home country to get an immigrant visa.
It doesn't make sense to file the I-130 alone if they plan to AOS. Once the I-130 is
approved, you STILL have to file the I-485 at San Jose! So, you're just adding the two
waiting times!
Paulgani
Feb 16th 2001, 10:24 pm
#6
Guest
Posts: n/a
Sherry Mo wrote:
> Thanks for your response.
>
> Some one from INS just told her:
>
> 1. Even if you file I-485 and I-130 together and get advanced parole, but if the
> approval of I-130 is later than legal stay (say one year after she legally entered
> into US), she will count as illegal to stay in US. Is this right ? Advance parole
> will not gurantee her back to US if she wants to be back via advance parole to US
> before I-130 approved.
The statement attributed to the INS person is ridiculous.
When I-130 and I-485 are filed together at an INS district office for an immediate
relative, the person is immediately in legal status, "applicant for permanent resident
status," which lasts until the I-130 and I-485 are adjudicated, even if it takes 5 years.
The person is eligible for advance parole (if he or she has never before violated status),
and may travel in and out of the U.S. for the entire pendency of the I-130/I-485, using a
valid advance parole document to re-enter.
The I-130 and the I-485 will both be adjudicated at the same time, normally at the
interview.
This happens at dozens of INS district offices all over the U.S. In Los Angeles, the
interview is now scheduled 29 months after the filing of Form I-130/I-485.
> 2. I found a web site about I-130 processing time in CSC. It has three categories. I-130
> Spouse , I-130 M/C, I-130 Other ? Which category does the parents belong to ?
It would be I-130 Other. "M/C" means minor child.
> 3. If you file I-130 and I-485 together, is it going to be processed in Local INS office
> ( for us San Jose. San Jose is very slow in processing , around 2.5 year for family
> base immigration). But if you I-130 seperately, you filed them to Service Center (
> for CSC) . May be it is faster. Is it right ?
No, it is not faster. If you file Form I-130 at the INS CSC, you wait until the I-130 is
approved, and then the person files Form I-485 together with the I-130 approval notice at
the INS district office.
I-485s filed with I-130s take the exact same amount of time from filing to interview as do
I-485s filed with I-130 approval notices.
So all that happens is that the person loses the entire I-130 processing time at the
INS CSC!!!
There is another method of getting permanent resident status, called consular immigrant
visa processing. In that method, no I-485 is ever filed. The I-130 is filed with the
INS CSC, and approved. The petition is transferred to the National Visa Center, and
then to the U.S. consular post in the person's home country. An interview is scheduled
at the consulate, and if all goes well, the person obtains an immigrant visa. The
person enters the U.S. and becomes a permanent resident upon entry. This method may
take as little as a year.
However, there is a disadvantage to the method. The person must leave the U.S. before the
end of the authorized B-2 status, and the person must not re-enter the U.S. until she gets
the immigrant visa at the consular interview. Also, the person may not extend B-2 status
within the U.S., because she has indicated immigrant intent.
> Andy Platt wrote:
> >
> > > My friend would like me to help her to post this question:
> > >
> > > She is a naturalized citizen and she would like to apply for her mom for AOS.She is
> > > US now with B-2 visa. The question is:
> > >
> > > 1. Someone told her to file I-130 first. After I-130 approved, file AOS.
> >
> > This would be stupid since her mother qualifies as an immediate relative: File the
> > I-485 with the I-130.
> >
> > > Question:
> > > 1.Does she need to extend her status for B-2 before I-130 approved ?
> >
> > Don't bother - file the I-485.
> >
> > > 2.What is the benefit of filing I-130 and I-485 together vs I-130 and I-485
> > > seperately ?
> >
> > She'll be legal, it will be quicker, she can file for advance parole to travel abroad,
> > she can get work authorization if necessary.
> >
> > > 3. Can she ask for advance parole to go some other country while I-485 is
> > > pending and I-130 not approved ?
> >
> > Yes. She must file an I-131.
> Thanks for your response.
>
> Some one from INS just told her:
>
> 1. Even if you file I-485 and I-130 together and get advanced parole, but if the
> approval of I-130 is later than legal stay (say one year after she legally entered
> into US), she will count as illegal to stay in US. Is this right ? Advance parole
> will not gurantee her back to US if she wants to be back via advance parole to US
> before I-130 approved.
The statement attributed to the INS person is ridiculous.
When I-130 and I-485 are filed together at an INS district office for an immediate
relative, the person is immediately in legal status, "applicant for permanent resident
status," which lasts until the I-130 and I-485 are adjudicated, even if it takes 5 years.
The person is eligible for advance parole (if he or she has never before violated status),
and may travel in and out of the U.S. for the entire pendency of the I-130/I-485, using a
valid advance parole document to re-enter.
The I-130 and the I-485 will both be adjudicated at the same time, normally at the
interview.
This happens at dozens of INS district offices all over the U.S. In Los Angeles, the
interview is now scheduled 29 months after the filing of Form I-130/I-485.
> 2. I found a web site about I-130 processing time in CSC. It has three categories. I-130
> Spouse , I-130 M/C, I-130 Other ? Which category does the parents belong to ?
It would be I-130 Other. "M/C" means minor child.
> 3. If you file I-130 and I-485 together, is it going to be processed in Local INS office
> ( for us San Jose. San Jose is very slow in processing , around 2.5 year for family
> base immigration). But if you I-130 seperately, you filed them to Service Center (
> for CSC) . May be it is faster. Is it right ?
No, it is not faster. If you file Form I-130 at the INS CSC, you wait until the I-130 is
approved, and then the person files Form I-485 together with the I-130 approval notice at
the INS district office.
I-485s filed with I-130s take the exact same amount of time from filing to interview as do
I-485s filed with I-130 approval notices.
So all that happens is that the person loses the entire I-130 processing time at the
INS CSC!!!
There is another method of getting permanent resident status, called consular immigrant
visa processing. In that method, no I-485 is ever filed. The I-130 is filed with the
INS CSC, and approved. The petition is transferred to the National Visa Center, and
then to the U.S. consular post in the person's home country. An interview is scheduled
at the consulate, and if all goes well, the person obtains an immigrant visa. The
person enters the U.S. and becomes a permanent resident upon entry. This method may
take as little as a year.
However, there is a disadvantage to the method. The person must leave the U.S. before the
end of the authorized B-2 status, and the person must not re-enter the U.S. until she gets
the immigrant visa at the consular interview. Also, the person may not extend B-2 status
within the U.S., because she has indicated immigrant intent.
> Andy Platt wrote:
> >
> > > My friend would like me to help her to post this question:
> > >
> > > She is a naturalized citizen and she would like to apply for her mom for AOS.She is
> > > US now with B-2 visa. The question is:
> > >
> > > 1. Someone told her to file I-130 first. After I-130 approved, file AOS.
> >
> > This would be stupid since her mother qualifies as an immediate relative: File the
> > I-485 with the I-130.
> >
> > > Question:
> > > 1.Does she need to extend her status for B-2 before I-130 approved ?
> >
> > Don't bother - file the I-485.
> >
> > > 2.What is the benefit of filing I-130 and I-485 together vs I-130 and I-485
> > > seperately ?
> >
> > She'll be legal, it will be quicker, she can file for advance parole to travel abroad,
> > she can get work authorization if necessary.
> >
> > > 3. Can she ask for advance parole to go some other country while I-485 is
> > > pending and I-130 not approved ?
> >
> > Yes. She must file an I-131.
Apr 24th 2002, 11:01 am
#7
Just Joined
Joined: Apr 2002
Posts: 17
Re: Citizen apply parent for immigration
So, if I-130 and and I-485 can be filed together, what should one write where it says A# in I-485 ?
Or leave it blank and they'll understand ?
Or leave it blank and they'll understand ?
Apr 24th 2002, 8:30 pm
#8
Guest
Posts: n/a
Re: Citizen apply parent for immigration
Don't leave it blank. If they don't have an A#, write "none" Take Care. Shelley
"Rajeev Tipnis" <[email protected]> wrote in message
news:[email protected]...
> So, if I-130 and and I-485 can be filed together, what should one write where it
> says A# in I-485 ?
>
> Or leave it blank and they'll understand ?
>
>
>
> --
> Posted via http://britishexpats.com
"Rajeev Tipnis" <[email protected]> wrote in message
news:[email protected]...
> So, if I-130 and and I-485 can be filed together, what should one write where it
> says A# in I-485 ?
>
> Or leave it blank and they'll understand ?
>
>
>
> --
> Posted via http://britishexpats.com
