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  • GC - Family based

    Hi,

    My sister is a US Citizen and is ready to sponsor my green card. I have the following questions:
    1. Can we file the I-130 and I-485 together?
    2. I am currently working in US, will the filling affect my status here?
    3. My sister currently is in India, does that have any effect (-ve) on the filling/processing etc?
    4. If I-130 and I-485 are filled together when will I get the EAD and Advance Parole?

    Please help me in this regard.

    Thanks
    Narayanan

  • #2
    There is a long wait (more than 10 years for India ) for visa numbers to become available for brothers and sisters of US citizens. And you cannot file an I-485/EAD/ad parole till the visa number becomes available. so the answer is no. Only I-130 can be filed. Concurrent filing is possible for
    immediate relatives of USCitizens like spouses for which there is no wait
    for visa numbers.

    Filing of I-130 will not affect your status in US but it may affect your
    reentry to US on certain visas that require non-immigrant intent
    like B1/B2, H-2b, and others (except L-1 and H-1).

    It does not matter if your sis is in India.


    Originally posted by shanks75
    Hi,

    My sister is a US Citizen and is ready to sponsor my green card. I have the following questions:
    1. Can we file the I-130 and I-485 together?
    2. I am currently working in US, will the filling affect my status here?
    3. My sister currently is in India, does that have any effect (-ve) on the filling/processing etc?
    4. If I-130 and I-485 are filled together when will I get the EAD and Advance Parole?

    Please help me in this regard.

    Thanks
    Narayanan

    Comment


    • #3
      Thanks Dude !!

      Comment


      • #4
        Originally posted by peace View Post
        There is a long wait (more than 10 years for India ) for visa numbers to become available for brothers and sisters of US citizens. And you cannot file an I-485/EAD/ad parole till the visa number becomes available. so the answer is no. Only I-130 can be filed. Concurrent filing is possible for
        immediate relatives of USCitizens like spouses for which there is no wait
        for visa numbers.

        Filing of I-130 will not affect your status in US but it may affect your
        reentry to US on certain visas that require non-immigrant intent
        like B1/B2, H-2b, and others (except L-1 and H-1).

        It does not matter if your sis is in India.
        Hello Peace, thanks for the shared good information. I sort of having similar line of question and appreciate if you can further clarify:

        In my case, I am US Citizen and applying I-130 for my sister who currently in US visited us on a "visitor" visa.
        1. Can I file for I-130 for my sister while they are here in US on visiting visa?
        2. Is there any impact their valid "B1/B2" visa status and on any of their future trips/visits to US), if I applied for my sister's I-130?

        Please advise!
        Thanks.

        Comment


        • #5
          Originally posted by JAIHIND View Post
          Hello Peace, thanks for the shared good information. I sort of having similar line of question and appreciate if you can further clarify:

          In my case, I am US Citizen and applying I-130 for my sister who currently in US visited us on a "visitor" visa.
          1. Can I file for I-130 for my sister while they are here in US on visiting visa?
          2. Is there any impact their valid "B1/B2" visa status and on any of their future trips/visits to US), if I applied for my sister's I-130?

          Please advise!
          Thanks.
          1. Makes no difference
          2. No impact on their current status. Admissions are at the discretion of the immigration officer and nobody can predict how future admissions will go.

          This is my personal opinion and is not to be construed as legal advice.

          Comment

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