Question Regarding Family based Green Cards

[aggarwal]

Here is my situation

1. My naturalization interview is done, and the oath is on December 15
2. My dad is in the US and I plan to apply for his LPR once I am a USC
3. My dad's I-94 expires in the end of Jan 2007

The questions I have are:

1. Can I submit his I-130 and I-485 simultaneously in Dec 2006, given that his I-94 will expire before his I-130 gets approved?

2. Can I apply for Advance Parole and an EAD for him with the 485? Is there a risk of AP getting rejected because the I-94 expires soon?

3. Can he continue to stay in the US after the end of Jan?

4. Assuming the answer to the above question is yes, if he needs to travel while his I-130 is pending, how will he re-enter?

Thanks

[yandresyuk]

1. yes, you can submit both forms at the same time
2. Yes, you will be able to apply for AP and EAD on the basis that you filed 485, no AP and I-94 would not be connected
3. Yes, pending 485 gives him an ability to legally be in the country, despite what I-94 is
4. He will re-enter on the approved AP

[johnhips]

Hi! In relation to the question submitted, I have a few concerns about my mom's status and how do we proceed in applying for her AOS.

1. I will be taking my oath next month, Jan 21.
2. I plan to apply for I-485, etc for my mom once i become US citizen
3. Problem is, her I-94 expired already a couple of months back.

Question, should we hire a lawyer for a sensitive case like this? What are the chances that her I-485 will be denied?

I appreciate any help on this.

[peace]

JOHNHIPS
Before 1997, parents and spouses of USCs were able to adjust status to green card in US even if their original stay had expired by any duration. After the new law that came into force in April 97, entry bars(on any visa) were provided for people whose stay in US had expired;
overstay 0-180 days---- no entry bar
180d-1 yr------entry bar for 3 years
>1 yr--------- entry bar for 10 years.

So, I advise you not to let your mother's overstay exceed by 180 days.
If that happens she will be subject to deportation even if you file a green card petition for her after becoming a USC..
Right now if her overstay is less than 180 days, you should send her home
immediately and the USC petition you file for her immigrant visa can be
processed at US embassy at home.
She should also keep copies of her current I-94, the boarding pass
showing evidence of her departure from US. She will need these at the time
of her immigrant visa interview at home to prove that her overstay was less than 180 days and she is not subject to any entry bar.

Hi! In relation to the question submitted, I have a few concerns about my mom's status and how do we proceed in applying for her AOS.

1. I will be taking my oath next month, Jan 21.
2. I plan to apply for I-485, etc for my mom once i become US citizen
3. Problem is, her I-94 expired already a couple of months back.

Question, should we hire a lawyer for a sensitive case like this? What are the chances that her I-485 will be denied?

I appreciate any help on this.

[curiousone]

JOHNHIPS
Before 1997, parents and spouses of USCs were able to adjust status to green card in US even if their original stay had expired by any duration. After the new law that came into force in April 97, entry bars(on any visa) were provided for people whose stay in US had expired;
overstay 0-180 days---- no entry bar
180d-1 yr------entry bar for 3 years
>1 yr--------- entry bar for 10 years.

So, I advise you not to let your mother's overstay exceed by 180 days.
If that happens she will be subject to deportation even if you file a green card petition for her after becoming a USC..
Right now if her overstay is less than 180 days, you should send her home
immediately and the USC petition you file for her immigrant visa can be
processed at US embassy at home.
She should also keep copies of her current I-94, the boarding pass
showing evidence of her departure from US. She will need these at the time
of her immigrant visa interview at home to prove that her overstay was less than 180 days and she is not subject to any entry bar.

I disagree with Peace. You should not send her home, in my opinion. I cant recall any immediate relative being denied becasue they had overstayed prior to filing the I-485.

In fact, I think to let her do consular processing is far more risky because it could come up at the interview and at least in the unlikley, very unilkely, in my opinion, event that its denied here, at least shes here and can remain while an appeal is pending.
Howeevr please speak to an attorney before you mak ethat decision.