Green Card Query for parents

[lildudesaif]

Hi,

My parents are here in the USA on a multiple entry visit visa which expires in 2023 and i94 stay expires Oct 4 2017. They are currently in the USA till July 3 and do not wish to extend there stay. In this scenario I want to file there green card as I am a US citizen. Which of the following is a better way of filing.

1) File I130 after they return to india
Or
2)File I130 while they are in USA
Or
3) file I130,I485,i864,g325A,i683 concurrently while they are here knowing that they leave July 3 for certain and the earliest I cud file with all the forms(I130,I485,i864,g325A,i693) ready is April 24.

[scientist2016]

Option 1 or 2 does not matter. Option 3 is tricky, since unless they extend their stay they will most probably not get their AP by the time they leave, which means their I485 would be deemed abandoned, making it pointless to file for I485 in the first place.

[harry6]

Option 1 or 2 does not matter. Option 3 is tricky, since unless they extend their stay they will most probably not get their AP by the time they leave, which means their I485 would be deemed abandoned, making it pointless to file for I485 in the first place.

I am in similar boat - My parents i94 expires June . I will be filing concurrently by May 1 - We may get the case numbers by May 15th but i am sure we may not get AP or EAD by June. Should we apply for there extension also to be on safe side.

[inadmissible]

If cost isn't an issue, file I-130+I-485+I-131+supporting documentation/forms right now. If they are granted Advance Parole in time (less than likely) you don't need to file anything else, other than ensuring that they return to the United States in time for their interview. If they leave before Advance Parole is granted or are unable to return for their interview, they can file I-824 to switch to consular processing, and they can interview in their home country

Being prudent about cost, it makes more sense to just file I-130+supporting documents/forms now with the expectation that they will have their interview at a consulate abroad

[newacct]

I am in similar boat - My parents i94 expires June . I will be filing concurrently by May 1 - We may get the case numbers by May 15th but i am sure we may not get AP or EAD by June. Should we apply for there extension also to be on safe side.

Don't apply for extension of status; it will be denied with a pending AOS; plus it requires them to lie with a statement that says how they plan to leave on time when they are immigrating.

I am confused about why you are asking about EAD and AP in June. EAD and AP take about 90 days (often more nowadays) after applying to get. Why do they need EAD/AP? Do they need to work and/or need to take care of something in another country so soon? It seems to me from you saying "safe side" that you may think that they need to get EAD/AP to stay here; EAD is for work and AP is for travel and neither of them have to do with them staying here. The fact that they have AOS pending means they can stay here. Also, they do not have to leave even if they don't file AOS by June. It makes no difference for their AOS whether it is filed before or after their status expires; they just have to not leave the US.

The parents of the OP of this thread had to take care of something in another country at a certain time, and it has nothing to do with when their status expires. If you are worried about when their status expires, don't. It doesn't matter when they file with respect to when their status expires.