Adjustment of Status (I130 & I485) for Parents while B2 Extension of Stay is Pending

[JFearH]

By the way the injunction was stayed by the 7th Circuit yesterday, so nevermind on that. You will still need to do I-944.

Got a question for you Sir!

I485 Part 8, 16 have you ever worked in US without authorization.
I am not sure what to put here. Before my parents were on B2, they were actually on a E1 visa and working in US due to some contract between their home country firm and US firm. My dad was always at work, kids at school so My mom started working (on her own SSN) just to kill time since she didn't had much to do. Later we found out that although spouse of someone on E1 visa are allowed to work on E1 visa but they require work authorization from USCIS. Therefore, she immediately quit the job. She worked for about 11 months.

Now, of course we want to be completely honest because we don't want to cheat our way to get a green card, not that we can anyways even if we want to. I want to know what her chances are of not getting denied? If I put "Yes" and provide a affidavit of support explaining this situation. Should i get a lawyer? Would it help. Please advise.

[verbose]

Got a question for you Sir!

I485 Part 8, 16 have you ever worked in US without authorization.
I am not sure what to put here. Before my parents were on B2, they were actually on a E1 visa and working in US due to some contract between their home country firm and US firm. My dad was always at work, kids at school so My mom started working (on her own SSN) just to kill time since she didn't had much to do. Later we found out that although spouse of someone on E1 visa are allowed to work on E1 visa but they require work authorization from USCIS. Therefore, she immediately quit the job. She worked for about 11 months.

Now, of course we want to be completely honest because we don't want to cheat our way to get a green card, not that we can anyways even if we want to. I want to know what her chances are of not getting denied? If I put "Yes" and provide a affidavit of support explaining this situation. Should i get a lawyer? Would it help. Please advise.

Yes, you should provide accurate information and not withhold anything. Based on https://www.uscis.gov/policy-manual/...rt-b-chapter-8 immediate relatives are exempt so this should not cause a problem. If some back taxes are owed, I’d think they should be paid though.

[newacct]

Got a question for you Sir!

I485 Part 8, 16 have you ever worked in US without authorization.
I am not sure what to put here. Before my parents were on B2, they were actually on a E1 visa and working in US due to some contract between their home country firm and US firm. My dad was always at work, kids at school so My mom started working (on her own SSN) just to kill time since she didn't had much to do. Later we found out that although spouse of someone on E1 visa are allowed to work on E1 visa but they require work authorization from USCIS. Therefore, she immediately quit the job. She worked for about 11 months.

Now, of course we want to be completely honest because we don't want to cheat our way to get a green card, not that we can anyways even if we want to. I want to know what her chances are of not getting denied? If I put "Yes" and provide a affidavit of support explaining this situation. Should i get a lawyer? Would it help. Please advise.

She can put Yes just to be safe. There is 0 chance of her being denied due to this. Adjustment of Status in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) is not affected by being out of status or illegal work.

[JFearH]

Thank You. The below is what i have for the cover letter. Do i have to include the separate copy of W2/Tax Transcript under 864 as well as 944? Additionally, 765 also requires passport size photos so do i need separate for that form and 2 separate for 485 making a total of 4 for each beneficiary. Anything else i missed in the cover letter? I live in Georgia and i am filling to Chicago lockbox from what it seems like, that seem correct?

For my dad i am going to have a separate cover letter and also include my parents marriage certificate, just so you know i haven't forgotten.

USCIS
P.O. Box 805887
Chicago, IL
60680-4120

November 11, 2020

Petitioner:
Beneficiary:

TO WHOM IT MAY CONCERN

Please kindly find enclosed concurrent filing of forms: I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization)

Contents include:

1. Check in the amount of US $535 for I-130

2. Check in the amount of US $1,225 for I-485

3. Form G1145 E-Notification of application acceptance

4. I-130, Petition for Alien Relative
• Copy of petitioner’s naturalization certificate
• Copy of petitioner’s unexpired US. passport biographical page
• Copy of petitioner’s birth certificate

5. I-485, Application to Register Permanent Residence or Adjust Status
• Two passport style photographs of beneficiary (placed in a photo holder, labeled with full name of beneficiary)
• Copy of beneficiary’s passport's biographical page
• Copy of beneficiary’s Birth Certificate
• Copy of beneficiary’s passport's visa pages
• Copy of I-94 record
• Supporting Affidavit for unauthorized employment
• I-693, Medical Examination of Alien Seeking Adjustment of Status and Vaccination Record (Completed by a USCIS approved examiner sealed in an envelope)

6. I-864, Affidavit of Support by Petitioner
• Copy of Petitioner’s IRS tax return transcript for the previous three years
• Copy of Petitioner’s W-2 for the previous year
• Copy of Petitioner’s earning statements for the previous six months
• Copy of petitioner’s naturalization certificate
• Copy of petitioner’s unexpired US. passport biographical page
• Copy of petitioner’s birth certificate


7. I-765, Application for Employment Document
• Two passport style photographs of beneficiary (placed in a photo holder, labeled with full name of beneficiary)

8. I-944, Declaration of Self-Sufficiency
• Copy of Petitioner’s IRS tax return transcript for the previous three years
• Copy of Petitioner’s W-2 for the previous year
• Copy of Beneficiary’s US Bank Statement
• Copy of Beneficiary’s overseas Bank Statement
• Copy of Petitioner’s retirement saving account statement
• Copy of Beneficiary’s health insurance record
• Copy of Beneficiary’s credit report and supporting affidavit
• Beneficiary’s affidavit for Education History & English Skills

Please reach out to me for any question. Thank you for your assistance in this matter.

Best,

Petitioners Signature:

Date: November 11, 2020

[newacct]

They should file I-131 for Advance Parole also. It's free, so there's no reason not to.

[verbose]

Thank You. The below is what i have for the cover letter. Do i have to include the separate copy of W2/Tax Transcript under 864 as well as 944? Additionally, 765 also requires passport size photos so do i need separate for that form and 2 separate for 485 making a total of 4 for each beneficiary. Anything else i missed in the cover letter? I live in Georgia and i am filling to Chicago lockbox from what it seems like, that seem correct?

For my dad i am going to have a separate cover letter and also include my parents marriage certificate, just so you know i haven't forgotten.

USCIS
P.O. Box 805887
Chicago, IL
60680-4120

November 11, 2020

Petitioner:
Beneficiary:

TO WHOM IT MAY CONCERN

Please kindly find enclosed concurrent filing of forms: I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization)

Contents include:

1. Check in the amount of US $535 for I-130

2. Check in the amount of US $1,225 for I-485

3. Form G1145 E-Notification of application acceptance

4. I-130, Petition for Alien Relative
• Copy of petitioner’s naturalization certificate
• Copy of petitioner’s unexpired US. passport biographical page
• Copy of petitioner’s birth certificate

5. I-485, Application to Register Permanent Residence or Adjust Status
• Two passport style photographs of beneficiary (placed in a photo holder, labeled with full name of beneficiary)
• Copy of beneficiary’s passport's biographical page
• Copy of beneficiary’s Birth Certificate
• Copy of beneficiary’s passport's visa pages
• Copy of I-94 record
• Supporting Affidavit for unauthorized employment
• I-693, Medical Examination of Alien Seeking Adjustment of Status and Vaccination Record (Completed by a USCIS approved examiner sealed in an envelope)

6. I-864, Affidavit of Support by Petitioner
• Copy of Petitioner’s IRS tax return transcript for the previous three years
• Copy of Petitioner’s W-2 for the previous year
• Copy of Petitioner’s earning statements for the previous six months
• Copy of petitioner’s naturalization certificate
• Copy of petitioner’s unexpired US. passport biographical page
• Copy of petitioner’s birth certificate


7. I-765, Application for Employment Document
• Two passport style photographs of beneficiary (placed in a photo holder, labeled with full name of beneficiary)

8. I-944, Declaration of Self-Sufficiency
• Copy of Petitioner’s IRS tax return transcript for the previous three years
• Copy of Petitioner’s W-2 for the previous year
• Copy of Beneficiary’s US Bank Statement
• Copy of Beneficiary’s overseas Bank Statement
• Copy of Petitioner’s retirement saving account statement
• Copy of Beneficiary’s health insurance record
• Copy of Beneficiary’s credit report and supporting affidavit
• Beneficiary’s affidavit for Education History & English Skills

Please reach out to me for any question. Thank you for your assistance in this matter.

Best,

Petitioners Signature:

Date: November 11, 2020

No need to include duplicate copies of W-2/tax return etc.
For photos see https://www.immihelp.com/forum/node/743842

[JFearH]

I made a post earlier which seem to have disappeared. Can I apply for I-131 even if my moms B2 Visa is expired? Does advance parole in itself act like a visa to enter US? If so please let me know if these look good. This form looks really straight forward.
Part 2
1. Selected 1d only
Part 4
1a. Incase of emergency
Part 5 (Reentry permit) Left it blank since its for AOS
Part 6 (Refugee travel permit) Left it blank since its for AOS
Part 7. 1. More than one trip and remaining entries blank

[JFearH]

No need to include duplicate copies of W-2/tax return etc.
For photos see https://www.immihelp.com/forum/node/743842

Does same thing apply for the below which are needed for 130 as well as 864, including them once as part of 130 is sufficient?

• Copy of petitioner’s naturalization certificate
• Copy of petitioner’s unexpired US. passport biographical page
• Copy of petitioner’s birth certificate

[newacct]

I made a post earlier which seem to have disappeared. Can I apply for I-131 even if my moms B2 Visa is expired? Does advance parole in itself act like a visa to enter US? If so please let me know if these look good. This form looks really straight forward.
Part 2
1. Selected 1d only
Part 4
1a. Incase of emergency
Part 5 (Reentry permit) Left it blank since its for AOS
Part 6 (Refugee travel permit) Left it blank since its for AOS
Part 7. 1. More than one trip and remaining entries blank

Yes, she can get Advance Parole since she is applying for AOS.

She shouldn't get to Part 4. The forms says non-DACA AP applicants skip from the middle of Part 3 to Part 7. She does not need to provide any explanation or statement since she is an AOS applicant.

[JFearH]

Does same thing apply for the below which are needed for 130 as well as 864, including them once as part of 130 is sufficient?

• Copy of petitioner’s naturalization certificate
• Copy of petitioner’s unexpired US. passport biographical page
• Copy of petitioner’s birth certificate

bump

Please if you could answer this i would really appreciate.

[verbose]

Does same thing apply for the below which are needed for 130 as well as 864, including them once as part of 130 is sufficient?

• Copy of petitioner’s naturalization certificate
• Copy of petitioner’s unexpired US. passport biographical page
• Copy of petitioner’s birth certificate

I included the documents for I-130 and in my cover letter in the I-864 section I mentioned "Documentation included in prior sections"

[verbose]

Also, I created the below sections in my cover letter listing the documents included in each. All the paperwork was organized in pretty much the same order.

Section I. Fees, Photographs and e-Notification
Section II. Petition for Alien Relative (I-130)
Section III. Application to Register Permanent Residence or Adjust Status (I-485)
Section IV. Declaration of Self-Sufficiency (I-944)
Section V. Affidavit of Support (I-864)
Section VI. Application for Travel Document (I-131)
Section VII. Application for Employment Authorization (I-765)
Section VIII. Report of Medical Examination and Vaccination Record (I-693)

[JFearH]

Thanks, i am almost there, also one more thing really quick. I am really confused on how many photos to include, some people say 2 for each beneficiary is enough. Some say 2 for each 130, 765 and 131. Some even say 2 for the petitioner as well. How many did you include? Since yours was a success recently, i am pretty much following your model

[verbose]

Thanks, i am almost there, also one more thing really quick. I am really confused on how many photos to include, some people say 2 for each beneficiary is enough. Some say 2 for each 130, 765 and 131. Some even say 2 for the petitioner as well. How many did you include? Since yours was a success recently, i am pretty much following your model

I sent:

1. 2 photos of Petitioner (I-130)
2. 8 photos of Beneficiary (2 ea. for I-485, I-131 and I-765 and 2 additional if required)

[JFearH]

Thank You. I am reviewing these forms again and will be mailing them soon Just a few more question. Some of the form asks for current immigration status. Since I had applied for Extension of Stay, what should i put in there (B-2 Extension Pending?) Just wondering if that will raise any unnecessary red flags. Additionally, we got notification for their biometric as i mentioned which is approaching at the end of the month. Should I cancel that application as soon as i file it? I'm concerned because with paper filling, it takes about a few weeks to get a receipt and by the time we get a receipt then it would be too close to the biometric date.

One more question, one of my parent have name like this (using British actor as example)
James Hugh Calum Laurie

How would i put this.
1. First - James, Middle- Hugh Calum or
2. First - James Hugh, Middle - Calum