Filing green card for Parents- Need advice. I30 and 485

[bvtbabu123]

Hello,

Please advise.

I'm a naturalized USA Citizen. Planing to sponsor green card for my parents.
My parents presently live in India and are visiting me here USA in mid of April 2018 and they
have visitor visa.

I'm in a dilemma presently due to the latest news about immigration laws going to change towards the sponsorship for a green card for parents being removed.

1. Should I file the I130 now itself for parents which will have them go through consular process or consular interview in India?
(From April they will be in USA for hopefully 6 months on their visitor visa)

or
2. Should I wait for my parents arrival in USA till mid of April. 2018
and then file both I130 and 485 together here in USA?
Is there a way I file I130 now and once they arrive in April then I can file 485 immediately?


Please advise.

Thanks.

[scientist2016]

Hello,

Please advise.

I'm a naturalized USA Citizen. Planing to sponsor green card for my parents.
My parents presently live in India and are visiting me here USA in mid of April 2018 and they
have visitor visa.

I'm in a dilemma presently due to the latest news about immigration laws going to change towards the sponsorship for a green card for parents being removed.

1. Should I file the I130 now itself for parents which will have them go through consular process or consular interview in India?
(From April they will be in USA for hopefully 6 months on their visitor visa)

or
2. Should I wait for my parents arrival in USA till mid of April. 2018
and then file both I130 and 485 together here in USA?
Is there a way I file I130 now and once they arrive in April then I can file 485 immediately?


Please advise.

Thanks.

Option 2. Changing immigration law is a very long legislative procedure. Not going to happen in a month even with the most co-operative executive and legislative branches (which certainly is not the case currently).

[bvtbabu123]

Option 2. Changing immigration law is a very long legislative procedure. Not going to happen in a month even with the most co-operative executive and legislative branches (which certainly is not the case currently).

Thank you for the advise.

Once my parents arrive is there a wait time I should wait before filing GC for them?
some say one has to wait for few months before filing instead of filing immediately one arrives to USA.

Please advise.

[scientist2016]

Thank you for the advise.

Once my parents arrive is there a wait time I should wait before filing GC for them?
some say one has to wait for few months before filing instead of filing immediately one arrives to USA.

Please advise.

No. There is no such waiting time. All that is needed for their AOS is: You are a US citizen and they entered the US with inspection. Everything else is irrelevant as far as their AOS is concerned.

[Pgosavi]

I am in a similar situation and trying to choose between AOS and Consular process.
1) which is faster?
2) what are the current processing times?
3) if I choose AOS,
a) parents would need to be on visitor health insurance - which is not good. Is there another alternative?
b) if the process takes too long, is there an option to travel to home country, or to change to consular process? Any downsides?

Thanks

[UScitizenFilingforspouse]

I am in a similar situation and trying to choose between AOS and Consular process.
1) which is faster?
2) what are the current processing times?
3) if I choose AOS,
a) parents would need to be on visitor health insurance - which is not good. Is there another alternative?
b) if the process takes too long, is there an option to travel to home country, or to change to consular process? Any downsides?

Thanks

Because of your parents' health, I personally would opt for consular processing. Even though, a good number of adjustment of status petitions are visa overstays, and literally, everyone does it, that's not the way it's set up. USCIS may have an issue with the timeline between arrival and filing for AOS, and whether they had intent to immigrate -which they do. That doesn't sound very hopeful BUT I do have good news. There is a USCIS office in New Delhi. This is the link to it.

https://www.uscis.gov/about-us/find-uscis-office/international-offices/india-uscis-new-delhi-field-office

Here is the link to the processing times page for international offices. https://egov.uscis.gov/processing-ti...ce#mainContent
I-130 Petition for Alien Relative;U.S. citizen filing for a spouse, parent, or child under 21 - Processing cases as of: Less than 1 Month(s)
So according to this, it's WAY faster to do consular processing in this case. I am not an immigration attorney. This is not legal advice. But hopefully, you now have plenty of information to work with.

All the best.