AOS and citizenship

[usiddiqui]

Hi,

I am a US citizen. My father passed away in November 2007 and I brought my mother with me to USA on 12/18/07 since she has no one there to look after her and I am her only child. She has a multiple US visa valid till 2010.(she was given 6 months stay on immigration)

I would like to apply for citizenship for her while she is here.


1.Should I apply it right away or should I wait? ( I read it in your forum that one should not apply for AOS within 30 days of arrival in US because it looks preplanned)

2.Should I apply for adjustment of status along with I-130?

3. If so which forms do I need to send?

4. What documents will I need?

5.While her application is being processed will she be able to travel in and out of the country?

6.How much will it cost?

7. How long does the whole process take?

Thankyou for all your help in advance.

[PraetorianXI]

1.- wait at least 60 days.
2.- yes. Both are sent to the Chicago Lockbox.
3.- I-130, I-485, I-693, I-864, g-325a.
4.- read the instructions for the forms.
5.- only if you file an I-131 for her, once approved she can use it to reenter.
6.- from 1500-1800 dollars, including the medical exam.
7.- 5-10 months, depends on local offices' workloads.

[usiddiqui]

for PraetorianXI please advise

Hi,

Thanks for the information. I did apply for my mother's I 130 after 60 days and got a receipt back two weeks ago.

I want to apply for AOS now however, I dont have the immigrant visa number yet. On the I-797C I got back there is only a receipt number.

I thought that an immigrant visa number was immediately available for immediate relatives of U.S. citizens.

Can I send the AOS forms now?

I dont know which box to check in Part2. "Application type" of I-485.

[PraetorianXI]

Send the I-485 with a copy of the I-130 receipt.

Check Answer Box A, Part 2, on the I-485.

[usiddiqui]

advance parole or visa extension

My mother got her finger printing done on 4/23/08.

But yesterday I got a letter requesting for more evidence for my tax returns and her birth certificate, which I will be sending to them shortly.

However right now my biggest concern is that her visit visa expires on 6/17/08.

What should I do regarding that? Should I apply for visa extension along with 131 or apply foradvance parole?

What is her status in USA right now?

Please advise.

Thank you

[PraetorianXI]

Her status is "pending AOS" DO NOT WORRY about i-94 or visa expirations. She is allowed to stay until a decision is made.

[usiddiqui]

Thanks Praetorian,
That's good news. Does this mean that if she stays here even after June 17, she wont be illegal and overstaying?

I appreciate all your help.

[PraetorianXI]

Yes, she can stay.

[usiddiqui]

for PRAETORIAN...485 denied, USCIS own error

Hi,
I am in need of your advise again. I applied for my mothers I-130 and I-485 in march 2008. Everything was going smoothly. Her I 130 was approved last month.

I 485 needed more evidence and said that if I do not submit it by March 23rd 2009 it will be denied. I mailed the evidence on March 9 by certified mail. Two weeks ago when I got the approval for I 130 , I mailed that copy to them as well.

Today I get this denial letter for 485, stating that since I was unable to submit the evidence on time the case is denied and that to open a motion I have to submit $590 and evidence even if I think it is a USCIS error!

I do have the mailing reciept and tracking confirmation.

What do I do? Do I have to pay a penalty for something I didnt do?

I appreciate your help as always.
Thanks,
Uzma

[selenagabriel]

I 485 Adjustment of Status

I do not understand why the whole immigration process is so complicated here. I recently submitted the I 485 and I 130 on behalf of my mum who is visiting me here in the US. I called up to USCIS twice and both times were told two completely different things. First time they said my mum had to leave while they are processing her adjustment of status. The second time I called, they said she could stay here while they are processing it even though her visa expires. Her visa expires next month and I am not sure whether I should file a Visa Extension so she will still be in status.

[usiddiqui]

Adjustment of status and expiring Visit visa

Hi,

I had the same issue and I posted the same question on this form regarding my Mum. I also went to an INS in person and also called them, just to confirm.Praetorian was right, she does not have to leave even after ther visit visa expires. She can stay until a decision is made.

When you apply for 485, you are asking them to change your mother's visitor status to "Adjustment of status" status. If she keeps staying in US she will not be illegal because her status is no longer a visitor. If she wants to leave the country you need to apply. ( Icant remember the form).

I hope this helps. (My mother did get a green card in March 2009, even though they denied her 485...read my thread.)

Good luck and lots of patience.

[Russell]

If she wants to leave the country you need to apply. ( Icant remember the form).

I hope this helps. (My mother did get a green card in March 2009, even though they denied her 485...read my thread.)

Good luck and lots of patience.

For traveling during the process you need Advance parole Form I-131