Dual I-130 approvals what to do

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Old Jan 14th 2006, 1:35 pm
  #1  
Saleem Ghani
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Default Dual I-130 approvals what to do

Hi All,

Both of my parents filed a I-130 for me. The Visa Priority Date is current
now.
I am in the USA at this time.

One of the approval's was sent to National Visa Center.

Can I file for adjustment of status in the USA on one approval notice and
also file for Consular Processing on another approval notice ?

I am thinking that if INS takes too long for adjudication and the consulate
in Islamabad, Pakistan can give me a faster date then I could go to Pakistan
on Advance Parole and get the Immigrant Visa.

Let me know if this cannot be done or if it is not allowed.
 
Old Jan 14th 2006, 1:45 pm
  #2  
Kevin Keane
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Default Re: Dual I-130 approvals what to do

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Saleem Ghani wrote:

    > Hi All,
    >
    > Both of my parents filed a I-130 for me. The Visa Priority Date is current
    > now.
    > I am in the USA at this time.
    >
    > One of the approval's was sent to National Visa Center.
    >
    > Can I file for adjustment of status in the USA on one approval notice and
    > also file for Consular Processing on another approval notice ?
    >
    > I am thinking that if INS takes too long for adjudication and the
    > consulate in Islamabad, Pakistan can give me a faster date then I could go
    > to Pakistan on Advance Parole and get the Immigrant Visa.
    >
    > Let me know if this cannot be done or if it is not allowed.

No, you would have to decide for one or the other at this stage. Which of
the two you choose depends on a number of factors:

- - Your parent's health. If one of the parents is in bad health, pick the
other one - you would not want the parent to pass away before you have your
Green Card.

- - Which of the two has an earlier priority date, if they weren't filed at
the same time.

- - If you are inside the USA, which of the two requested adjustment of
status. Given that you are from Pakistan, adjustment of status may simply
be safer due to the antiterrorism checks, even if it takes longer. At the
very least, it would allow you to wait inside the USA.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Old Jan 14th 2006, 4:52 pm
  #3  
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Posts: 16,266
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Default Re: Dual I-130 approvals what to do

Originally Posted by Saleem Ghani
Hi All,

Both of my parents filed a I-130 for me. The Visa Priority Date is current
now.
I am in the USA at this time.

One of the approval's was sent to National Visa Center.

Can I file for adjustment of status in the USA on one approval notice and
also file for Consular Processing on another approval notice ?

I am thinking that if INS takes too long for adjudication and the consulate
in Islamabad, Pakistan can give me a faster date then I could go to Pakistan
on Advance Parole and get the Immigrant Visa.

Let me know if this cannot be done or if it is not allowed.
Hi:

Fascinating question. I always recommend the filing of I-130's by both parents in cases like yours. However, when it comes to getting immigrant status --

I see no reason why not. Also, I see no reason why you couldn't travel to Pakistan for IV processing on an Advance Parole in case the IV is not granted.

On whether or not the consulate will have problems in processing the IV -- I have no idea. As a matter of law, I see no reason why they would.
Folinskyinla is offline  
Old Jan 14th 2006, 5:49 pm
  #4  
 
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Default Re: Dual I-130 approvals what to do

Originally Posted by Folinskyinla
Hi:

Fascinating question. I always recommend the filing of I-130's by both parents in cases like yours. However, when it comes to getting immigrant status --

I see no reason why not. Also, I see no reason why you couldn't travel to Pakistan for IV processing on an Advance Parole in case the IV is not granted.

On whether or not the consulate will have problems in processing the IV -- I have no idea. As a matter of law, I see no reason why they would.
Nothing to do with law per se, but policy. Pakistani males seem to be put on an extended (+5 months) Administrative Review at the consulate in the spouse cases I've read. I wonder if the same is true for parent-sponsored applications? I know one fellow online who processed through the UK (3rd country--he is also from Pakistan) and still had a very long wait abroad. He was a parent-sponsored immigrant.
If the OP has legal status in the US and wants to return reasonably promptly, he might want to look into wha't involved in today's visa processing world vs AOS.
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