Paki

Hi,

I have been trying to figure out from the USCIS website where to file
I-131 and I-485 for my mother. On one page it explicitly gives a list
of states and says residents of those states must send the whole
application to an address in Chicago. On other pages it mentions filing
with your local office or a Service Center, and Chicago is not one of
those centers. Also, the local offices mention acceptable payment
options but none is listed for this Chicago office.

I live in Virginia. I would appreciate it if someone could confirm that
I need to send the immigrant petition for my mother (I-131) and her
application for adjustment (I-485) to this Chicago office, and what
form of payment to use.

Also, I will be moving by the end of May to another state but I cannot
wait that long to file for my mother as her visa expires in April. I
understand that since I am a US citizen, my mother can stay in USA
legally when her visa expires if she has already filed her I-485. Is
that correct?

Thanks.

Jonathan McNeil Wong

paki wrote:
    > Hi,
    >
    > I have been trying to figure out from the USCIS website where to file
    > I-131 and I-485 for my mother. On one page it explicitly gives a list
    > of states and says residents of those states must send the whole
    > application to an address in Chicago. On other pages it mentions filing
    > with your local office or a Service Center, and Chicago is not one of
    > those centers. Also, the local offices mention acceptable payment
    > options but none is listed for this Chicago office.
    >
    > I live in Virginia. I would appreciate it if someone could confirm that
    > I need to send the immigrant petition for my mother (I-131) and her
    > application for adjustment (I-485) to this Chicago office, and what
    > form of payment to use.
    >
    > Also, I will be moving by the end of May to another state but I cannot
    > wait that long to file for my mother as her visa expires in April. I
    > understand that since I am a US citizen, my mother can stay in USA
    > legally when her visa expires if she has already filed her I-485. Is
    > that correct?
    >
    > Thanks.
    >

I assume that your mother is here in the U.S. having entered lawfully,
that you are a U.S. citizen petitioning for her as an immediate relative
parent, and that you are actually talking about the I-130/I-485
(although you could file an I-131 concurrently for advance parole).

USCIS is in transition from direct filing of these one-step cases with
the district office to filing with the National Benefits Center via the
Chicago Lockbox. Filing for half the country switched to the Chicago
Lockbox in December; the rest of the country switches on April 1.

The place of filing is governed by where the alien beneficiary (in this
case your mother) is residing. If your mother is currently residing in
Virginia, then you fall within the half of the country that has already
switched to the NBC, and you will file your I-130/I-485 package with the
NBC via the Chicago Lockbox.

When you move to another state, you will notify the NBC of your change
of address and of your mother's change of address by letter. In
addition, your mother will file Form AR-11 (sent to an address in
Kentucky) to register her address change. When it is time for your
mother to be interviewed, the case will be sent to the district office
with jurisdiction over the state you have moved to.

This is how it is supposed to work in theory. In practice, if USCIS
goofs and doesn't integrate the address change with your file, you may
end up getting notices at your old address. So be sure to have a postal
forwarding order on file too.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

Ingo Pakleppa

paki wrote:
    > Hi,
    >
    > I have been trying to figure out from the USCIS website where to file
    > I-131 and I-485 for my mother. On one page it explicitly gives a list
    > of states and says residents of those states must send the whole
    > application to an address in Chicago. On other pages it mentions filing
    > with your local office or a Service Center, and Chicago is not one of
    > those centers. Also, the local offices mention acceptable payment
    > options but none is listed for this Chicago office.

Remember that the printed instructions are only updated every couple of
months, and apparently USCIS even forgot to update the Web site in some
places. Not uncommon.

As for acceptable payment options: checks or money orders.

    > Also, I will be moving by the end of May to another state but I cannot
    > wait that long to file for my mother as her visa expires in April. I
    > understand that since I am a US citizen, my mother can stay in USA
    > legally when her visa expires if she has already filed her I-485. Is
    > that correct?

That is correct.