questions on sponsoring parents for GC
Feb 22nd 2001, 6:36 pm
#1
Guest
Posts: n/a
Hello,
I am a US citizen and would like to sponsor my parents for GC. Have the following
questions.
1) How long does the whole process take in San Jose, CA now (including AOS)?
2) My parents are in India right now. If I file I-130 now and when it is approved, can
they travel to US (they have 10 year multiple entry visa) and then apply for I-485
here? Sounds complicated but is this possible. Will there be questions/problems at port
of entry. I know the best option is to bring them and do everything in one shot but
they cannot travel now and I want to start the process.
3) In the AOS stage, do they need their birth certificates also along with their marriage
certificate? What if they don't have their birth certificate? Can I get someone to
swear on this and notarize it here in the US?
Thanks again Ganesh
I am a US citizen and would like to sponsor my parents for GC. Have the following
questions.
1) How long does the whole process take in San Jose, CA now (including AOS)?
2) My parents are in India right now. If I file I-130 now and when it is approved, can
they travel to US (they have 10 year multiple entry visa) and then apply for I-485
here? Sounds complicated but is this possible. Will there be questions/problems at port
of entry. I know the best option is to bring them and do everything in one shot but
they cannot travel now and I want to start the process.
3) In the AOS stage, do they need their birth certificates also along with their marriage
certificate? What if they don't have their birth certificate? Can I get someone to
swear on this and notarize it here in the US?
Thanks again Ganesh
Feb 23rd 2001, 12:36 am
#2
Guest
Posts: n/a
Ganesh wrote:
>
>
>
>
http://members.aol.com/MDUdall/instimes.htm says 960-1080 days.
>
>
>
>
It is possible they could be successful, but there is a risk that they will be refused
admission based on immigrant intent. This is certainly not a good idea.
I know the best
>
>
It will take the same length of time, or longer, for you to start now. The reason for this
is that if you file the I-130s by themselves, they go to INS CSC and they take 10 months
from filing to approval, according to http://www.immigration.com/processing-times/ca.html
(see I-130 (IR) Other).
When the I-130s have been approved, and when your parents are here, they file the I-130
****approval notices**** with their I-485s at INS San Jose.
If you do not file the I-130s now, then when your parents are here, you and your parents
file I-130/I-485 at INS San Jose.
Guess what: I-130/I-485 has the exact same processing time as I-485 plus approval notice
of I-130. What is the point of adding 10 months to the process by getting the I-130s
approved first? There is no different in the certainly of success of the I-485.
By the way, your parents should not file Forms I-485 too soon after arriving. I'd suggest
a 60 day minimum wait. This is to avoid accusations of preconceived immigrant intent.
>
>
>
The proper birth documents must be filed with the I-485.
Check here for the requirements for birth record for India:
http://foia.state.gov/famdir/Fam/09fam/09fam.asp (scroll down to India). You can get
someone to swear and notarize in the U.S. only if a person who has known your parents
since the time of their birth happens to be here in the U.S.
Don't skip the step of getting a statement of non-availability of the birth certificate
from the authorities in India.
>
>
>
>
http://members.aol.com/MDUdall/instimes.htm says 960-1080 days.
>
>
>
>
It is possible they could be successful, but there is a risk that they will be refused
admission based on immigrant intent. This is certainly not a good idea.
I know the best
>
>
It will take the same length of time, or longer, for you to start now. The reason for this
is that if you file the I-130s by themselves, they go to INS CSC and they take 10 months
from filing to approval, according to http://www.immigration.com/processing-times/ca.html
(see I-130 (IR) Other).
When the I-130s have been approved, and when your parents are here, they file the I-130
****approval notices**** with their I-485s at INS San Jose.
If you do not file the I-130s now, then when your parents are here, you and your parents
file I-130/I-485 at INS San Jose.
Guess what: I-130/I-485 has the exact same processing time as I-485 plus approval notice
of I-130. What is the point of adding 10 months to the process by getting the I-130s
approved first? There is no different in the certainly of success of the I-485.
By the way, your parents should not file Forms I-485 too soon after arriving. I'd suggest
a 60 day minimum wait. This is to avoid accusations of preconceived immigrant intent.
>
>
>
The proper birth documents must be filed with the I-485.
Check here for the requirements for birth record for India:
http://foia.state.gov/famdir/Fam/09fam/09fam.asp (scroll down to India). You can get
someone to swear and notarize in the U.S. only if a person who has known your parents
since the time of their birth happens to be here in the U.S.
Don't skip the step of getting a statement of non-availability of the birth certificate
from the authorities in India.
Feb 24th 2001, 1:40 pm
#3
Guest
Posts: n/a
Hi Ganish,
THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!
I'll insert a few comments that may be helpful.
Ganesh wrote:
> Hello,
>
> I am a US citizen and would like to sponsor my parents for GC. Have the following
> questions.
>
> 1) How long does the whole process take in San Jose, CA now (including AOS)?
I quit trying to keep track of INS estimates of processing time long ago because I found
them to be highly inaccurate. They are posted at the web site of attorney Carl Shusterman,
<www.shusterman.com>.
> 2) My parents are in India right now. If I file I-130 now and when it is approved, can
> they travel to US (they have 10 year multiple entry visa) and then apply for I-485
> here?
No. Once you file form I-130 your parents will have to be processed in India and obtain an
immigrant visa there. This may actually be an advantage in that they will enter the US as
permanent residents and avoid the frustrations of trying to adjust in the US.
> Sounds complicated but is this possible. Will there be questions/problems at port
> of entry.
Usually the process is pretty painless.
> I know the best option is to bring them and do everything in one shot but they cannot
> travel now and I want to start the process.
> 3) In the AOS stage, do they need their birth certificates also along with their
> marriage certificate?
Yes.
> What if they don't have their birth certificate?
The US understanding on the availability of certain documents including birth certificates
is contained in the Foreign Affairs Manual (FAM). The portion of this document dealing
with India is available on-line at
<http://foia.state.gov/Famdir/fam/09fam/....MasterDocs09fam09mapxc09Cindia.pdf>.
> Can I get someone to swear on this and notarize it here in the US?
There are special procedures for Indians which you will find in the FAM referenced above.
In general, affidavits may be used in lieu of documents which are unavailable. Two
affidavits are required for each event (birth, marriage, etc.) you are trying to prove.
Ed MacNeil Ancient Aviator North Hampton, NH, USA
>
>
> Thanks again Ganesh
THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!
I'll insert a few comments that may be helpful.
Ganesh wrote:
> Hello,
>
> I am a US citizen and would like to sponsor my parents for GC. Have the following
> questions.
>
> 1) How long does the whole process take in San Jose, CA now (including AOS)?
I quit trying to keep track of INS estimates of processing time long ago because I found
them to be highly inaccurate. They are posted at the web site of attorney Carl Shusterman,
<www.shusterman.com>.
> 2) My parents are in India right now. If I file I-130 now and when it is approved, can
> they travel to US (they have 10 year multiple entry visa) and then apply for I-485
> here?
No. Once you file form I-130 your parents will have to be processed in India and obtain an
immigrant visa there. This may actually be an advantage in that they will enter the US as
permanent residents and avoid the frustrations of trying to adjust in the US.
> Sounds complicated but is this possible. Will there be questions/problems at port
> of entry.
Usually the process is pretty painless.
> I know the best option is to bring them and do everything in one shot but they cannot
> travel now and I want to start the process.
> 3) In the AOS stage, do they need their birth certificates also along with their
> marriage certificate?
Yes.
> What if they don't have their birth certificate?
The US understanding on the availability of certain documents including birth certificates
is contained in the Foreign Affairs Manual (FAM). The portion of this document dealing
with India is available on-line at
<http://foia.state.gov/Famdir/fam/09fam/....MasterDocs09fam09mapxc09Cindia.pdf>.
> Can I get someone to swear on this and notarize it here in the US?
There are special procedures for Indians which you will find in the FAM referenced above.
In general, affidavits may be used in lieu of documents which are unavailable. Two
affidavits are required for each event (birth, marriage, etc.) you are trying to prove.
Ed MacNeil Ancient Aviator North Hampton, NH, USA
>
>
> Thanks again Ganesh
