Parents travel to India with I-131 returned by USCIS

[cooljazz29]

Hello,

My parents (Indian citizen) are currently in US on visitor visa. While they are here, I applied for concurrent filing in US (which is I130, I485) about a month back. My parents already had their finger printing last week. My question is that as their return ticket to India is on 12/18/2018 as their 6 months entry through the visitor visa expires then.



Q1. Do they need to go back to India as their 6 month entry will expire then? If yes then will it be a problem for them to come back on visitor visa in February 2019?. Can they even come back assuming they haven?t received any other paper work back regarding their application above?

Q2. Or can they just stay here in US after 12/18/2018. (Please note that they have not yet received any paper work for their concurrent filing except fingerprinting and a receipt stating that USICS have received their application.) We are not interested to do anything illegal to jeopardize their application.



On the side note we had filed for travel document I-131 along with the fees saying they would like to travel to India on 12/18/2018 for 10 days which was returned back to us as unnecessary document and fees.

Thank you!
Jazz

[newacct]

Hello,

My parents (Indian citizen) are currently in US on visitor visa. While they are here, I applied for concurrent filing in US (which is I130, I485) about a month back. My parents already had their finger printing last week. My question is that as their return ticket to India is on 12/18/2018 as their 6 months entry through the visitor visa expires then.



Q1. Do they need to go back to India as their 6 month entry will expire then? If yes then will it be a problem for them to come back on visitor visa in February 2019?. Can they even come back assuming they haven?t received any other paper work back regarding their application above?

Q2. Or can they just stay here in US after 12/18/2018. (Please note that they have not yet received any paper work for their concurrent filing except fingerprinting and a receipt stating that USICS have received their application.) We are not interested to do anything illegal to jeopardize their application.


On the side note we had filed for travel document I-131 along with the fees saying they would like to travel to India on 12/18/2018 for 10 days which was returned back to us as unnecessary document and fees.

Thank you!
Jazz

1. no
2. yes
3. both I-765 for EAD and I-131 for AP are free for AOS applicants

[miiki]

It sounds like you filled out the I-131 incorrectly. No fee is required when applying with an I-485. If the forms aren?t sent in the same package, then the receipt for the I-485 needs to be sent with it.

If your parents leave the US without an approved AP, they will abandon their adjustment application (and the fees). The I-130 will still be processed, but they would have to reapply for the green card. They also run the risk of not being allowed back into the US on the visitor visa as they?ve now demonstrated that they do have an intent to immigrate. They can stay in the US while the application. Good thing, because there is no way they?ll get an AP before 12/8.

[cooljazz29]

It sounds like you filled out the I-131 incorrectly. No fee is required when applying with an I-485. If the forms aren?t sent in the same package, then the receipt for the I-485 needs to be sent with it.

If your parents leave the US without an approved AP, they will abandon their adjustment application (and the fees). The I-130 will still be processed, but they would have to reapply for the green card. They also run the risk of not being allowed back into the US on the visitor visa as they?ve now demonstrated that they do have an intent to immigrate. They can stay in the US while the application. Good thing, because there is no way they?ll get an AP before 12/8.

Thank you Miiki and newacct for the response back.

@Miiki - The I-131 was filled correctly but they sent it back with fees stating unnecessary. As per your suggestion should I send the same form with copy of I485 receipt now to get AP approved ?

Also, how long does it take to get AP approval once they receive the package again and what is the next step after their finger printing is done and how long it takes ?

Thank you!
Jazz

[miiki]

Thank you Miiki and newacct for the response back.

@Miiki - The I-131 was filled correctly but they sent it back with fees stating unnecessary. As per your suggestion should I send the same form with copy of I485 receipt now to get AP approved ?

Yes

Also, how long does it take to get AP approval once they receive the package again and what is the next step after their finger printing is done and how long it takes ?

It had been taking 4-6 months, sometimes longer.

[cooljazz29]

Yes


It had been taking 4-6 months, sometimes longer.

Thank you so much miiki for your quick response back.

One last question - You mentioned that they can stay in US while the application is in process. As it will be past their 6 months visa entry, do we have to file anything for extension or is there a link or document which confirms. I just don't want them to have an illegal status in US.

Is the AOP 485 receipt good enough for them to stay longer than 6 months ?

Thank you!
Jazz

[miiki]

You don?t need to do anything. They will be out of status, but won?t accrue unlawful presence. They are legally allowed to remain in the US while their applications are pending.

[cooljazz29]

You don?t need to do anything. They will be out of status, but won?t accrue unlawful presence. They are legally allowed to remain in the US while their applications are pending.

Thank you so much!!

Cheer's,
Jazz