How to transfer AOS to Counselor Processing for parents GC?

[kgarg]

My parents came on a B1/B2 (visitor's visa) for 6 months on May 20th, 2014. I applied for I-130 in June, 2014. Meanwhile they got their medical completed here and applied for I-485 in August, 2014 with the Notice of Receipt for I-130. They have completed their fingerprinting. Their case status as of September 4th says
I-130 - file is transferred to local office
I-485 - Scheduling for an interview

Their entry visa expired on Nov 19th. It has been more than 7 months and we have no idea how much longer it will take. Parents are getting antsy now. They have some financial investments that are maturing in February and they need to be in India by mid Feb. What choices do they have?

- Can we request USCIS to expedite their 485 application on financial hardship?
- If not, then can we transfer their Adjustment of Status to Counselor Processing? If so, what forms are required? Do we need an affidavit form from an Attorney for this?
- Will we will receive a separate approval notice for I-130? If so, do they ask at that time if we want to continue with AOS or chose to switch to Counselor Processing?

If they abandon their green card processing and return to India in Feb. Can they be denied to enter US in the future? After abandoning do they have to apply for US visa again? (They have multiple entry visa which is valid for 10 yrs).

Any info will be extremely helpful.

Thanks, Kavita

[rayb]

If you submitted the proper Adjustment documents, you should have an included I-131 for an "Advance Parole." The combo Work Authorization and Advance Parole card should arrive about halfway through the waiting period (about 3 months after submittal). If you did not submit the i-131, you can still submit it, but it will be several weeks to 3 months before you will get the Advance Parole document.

If your parents leave the U.S. without an Advance Parole and without being interviewed for Adjustment of Status, they will be considered to have abandoned their Adjustment procedure and will forfeit the fees you paid. You will then have to petition them over to start the visa process from the beginning.

--Ray B

My parents came on a B1/B2 (visitor's visa) for 6 months on May 20th, 2014. I applied for I-130 in June, 2014. Meanwhile they got their medical completed here and applied for I-485 in August, 2014 with the Notice of Receipt for I-130. They have completed their fingerprinting. Their case status as of September 4th says
I-130 - file is transferred to local office
I-485 - Scheduling for an interview

Their entry visa expired on Nov 19th. It has been more than 7 months and we have no idea how much longer it will take. Parents are getting antsy now. They have some financial investments that are maturing in February and they need to be in India by mid Feb. What choices do they have?

- Can we request USCIS to expedite their 485 application on financial hardship?
- If not, then can we transfer their Adjustment of Status to Counselor Processing? If so, what forms are required? Do we need an affidavit form from an Attorney for this?
- Will we will receive a separate approval notice for I-130? If so, do they ask at that time if we want to continue with AOS or chose to switch to Counselor Processing?

If they abandon their green card processing and return to India in Feb. Can they be denied to enter US in the future? After abandoning do they have to apply for US visa again? (They have multiple entry visa which is valid for 10 yrs).

Any info will be extremely helpful.

Thanks, Kavita

[kgarg]

If you submitted the proper Adjustment documents, you should have an included I-131 for an "Advance Parole." The combo Work Authorization and Advance Parole card should arrive about halfway through the waiting period (about 3 months after submittal). If you did not submit the i-131, you can still submit it, but it will be several weeks to 3 months before you will get the Advance Parole document.

If your parents leave the U.S. without an Advance Parole and without being interviewed for Adjustment of Status, they will be considered to have abandoned their Adjustment procedure and will forfeit the fees you paid. You will then have to petition them over to start the visa process from the beginning.

--Ray B

I was not aware about I-131 when i was applying for I-485 application. So, no Advance Parole. Can I transfer their AOS file to Counselor Processing? And if so, do I need to pay any fee to transfer it?

BTW any idea if USCIS sends I-130 approval letter before the AOS interview...especially in their case.. since I-130 and I-485 was not send together.

Thanks for a prompt reply. Kavita.

[rayb]

Apply for an Advance Parole soon as you have a receipt Notice of Action for the I-485. It won't cost you anything.

The Adjustment of Status cannot be transferred, because it is a Stateside procedure.

When you get the approval NOA for the I-130, it might go to the National Visa Center automaticaly, and you will then receive instructions from the NVC that you can follow.

My advice is to keep one parent here to continue with the Green Card process, and let dad go back to take care of whatever he thinks has to be taken care of.

--Ray B

I was not aware about I-131 when i was applying for I-485 application. So, no Advance Parole. Can I transfer their AOS file to Counselor Processing? And if so, do I need to pay any fee to transfer it?

BTW any idea if USCIS sends I-130 approval letter before the AOS interview...especially in their case.. since I-130 and I-485 was not send together.

Thanks for a prompt reply. Kavita.