Parents already in US - need information

[suharsh]

My parents are already in the US and their I-94 is expiring 25th Jan 2007. My sister became a US citizen in end of Nov 2006. She wants to sponsor our parents GC's, but we are not sure of the process and have some specific questions.

1. Is it advisable to hire an attorney? I yes what are the average costs invovled?

2. Which forms are needed to be submitted besides - I130 & I-485.? Can these two forms be submitted at the same time?

3. Once the appropriate forms are filed, can my parents continue to stay beyond their I-94 period?

4. Typically in how much time is Parents GC approved?

5. My sister is in New York and I am in IL ( I am not a citizen yet). Will it be beneficial to file in NY vs IL or vice-versa? Which center to file - is this dependent on the temporary address of parents or is it dependent on the sponsorer's address?

6. Once all the paperwork is filed, can the parents go back to India if required? On what Visa will they come back in? They currently have a 10-year visitor visa expiring in Sep 2008.

Thanks in advance for your help.

[peace]

1 and 2. No need for an attorney. They will charge exorbitant fees for something that is straightforward and you can do it yourself. Just follow the USCIS site to know what all you need to submit with the I-130;
https://www.immihelp.com/family-base...ard/index.html

3,4,6-They can stay beyond their I-94 after you file but if they travel before the interview, which will be 8-10 months from filing, they won't be able to reenter on their existing 10 yr visitor visa(B2 requires non-immigrant intent). So, if they want to adjust status in US, they should not travel til they get their GC, 10-12 months from filing. There may also be a possiblity of getting an advance parole for travel to India before the interview. But I suggest they avoid all this and adopt the "technically correct'' method, which is to go for consular processing in India, since the time taken by both the routes is the same -about a year. You can file for their I-130s and supporting documents in US and they should leave before their I94 expires. And get their interviews and immigrant visas in India.

5. Since your sis is filing, she will have to file at NY ; it is the sponsor's address that is important. The application will go to the Vermont service center.
IF you are only filing I-130 , and parents will go for consular processing, follow this link;
https://www.immihelp.com/form-i-130-...lien-relative/

[suharsh]

Thanks Peace. Seems you have helped a lot of the forum members.

I guess I am inclined to let them go and come back in a couple of months on the visitor visa and then go back for the CP interview in India. I will discuss your suggestions with my sister and parents.

Some new questions from your response

1. Is AP difficult to get? What are there chances for it getting rejected? Usually in how much time AP get's approved or rejected?

2. Alternatively I am thinking that I will apply for their vistor-visa extension (i-94) extension and if that gets approved then they will need to go back to India once for the CP interview. Do you think this is a good idea?

Thanks.

[peace]

1. I am not too familiar with AP success rates but my guess is it should not be difficult to get. The processing times are about 2-3 months.
2.The problem with extension is they take a long time responding--several months---and if it is a denial, they will have to leave US immediately to
stay legal, because 222g (overstay clause) will begin to apply.You must also keep in mind that an overstay of 180 days to one year
invites an entry ban for 3 years even on an immigrant visa.

Thanks Peace. Seems you have helped a lot of the forum members.

I guess I am inclined to let them go and come back in a couple of months on the visitor visa and then go back for the CP interview in India. I will discuss your suggestions with my sister and parents.

Some new questions from your response

1. Is AP difficult to get? What are there chances for it getting rejected? Usually in how much time AP get's approved or rejected?

2. Alternatively I am thinking that I will apply for their vistor-visa extension (i-94) extension and if that gets approved then they will need to go back to India once for the CP interview. Do you think this is a good idea?

Thanks.

[suharsh]

More questions

Thanks again Peace.

I have some more questions:

1 For the parents birth certificate are there two affidavits required or if one affidavit with two signatures (of siblings or elders) is valid? I just realized that what they have is one affidavit with two signatures!

2 One question from the original list was can both I130 and I-485 filed together? I read somewhere that with I130 a visa number get's issued which might be required for subsequent documents. Hence the question.

3 If the birth certificate is an issue and that I will need new affidavits, then can we apply for I130 and then separately for I-485 when I actually get the birth certificates? or there is really no advantage in applying for I130 earlier and it would be better to do both together!

4. If we decide to go for CP - in this case my sister will apply the I-130 & supporting docs and my parents will go back to India before the I-94 expires. Can they come back to US on the their visitor visa while their CP is in progress in India? I do understand that they will have to go back to India for their interviews and other formalities.

5. In case of AOS, I believe that I-693 (medical examiniation) is also to be done - is required at the time of filing I-485 or is this form & the examination to be given at the time of the GC interview?

Thanks in advance.

[peace]

1. Your Quest. is not clear. Anyway, for an I-130 for parents, these are the requirements for birth certificates;
a) Sponsor child's(your sister) bc showing her name and both the parents' names.The names on your sister's bc should exactly match those on their passports, the parents' own bcs and the I-130 petition. This bc is required to be filed with the petition.
b) Each parent's bc that will be required at interview.

Please elaborate why you are preparing affidavits for whose missing/faulty
bc(sponsor's or parent's) and what is the fault if any?

2. For immediate relatives of USCs (parents and spouses) , visa numbers are always available( there is no yearly quota) , so you can file I-130 and I-485 together.

3. If it is the sponsor child's bc that is an issue, then you have to wait to file the whole petition till you resolve it because both I-130 and sponsor child's bc must be filed together. If it is the parents' bc that is an issue , you can file I-130 and I-485 together because their bcs will only be required in the final stages; their interview for the immigrant visa.

4. Technically they cannot enter on a B1/B2 while their immigrant visa petition is in progress (immigrant vs non-immigrant intent). In reality, it is at the discretion of the port of entry officer. From some reports on this forum it seems, the officer may not even be aware of a pending immigrant petition and may let you through. Even if it shows up on his computer,
he may let them through if they can convince him that their visit will be temporary and that their immigrant visa will be processed at the embassy in India. On the other hand , some difficult officer may not relent.
It is like taking a chance.

5. As far as I know, and as the USCIS website states, it is to be filed with I-485

[suharsh]

Clarifications & apologies

Apologies that I haven't come out clear on the question on BC & the objective.

So on the BC - the problematic ones are of my parents. It is an affidavit with signatures of 2 relatives (one sibling and one elder). This is the case for both my mother & father. So the question really was - should I have to have two affidavits with signature of one relative on the first affidavit and signature of the second relative on the second affidavit OR is one affidavit with signatures of two relatives on the same affidavit ok?

The objective is to keep my parents here legally if possible. The reason being my sister has a one year old baby and I recently have a newborn. So my parents could go back and come back after a month or two on their visitor visa without worrying about the GC stuff and then once they are back I can start the process as soon as they are here. However, why send them back if I can keep them here technically - and that is exactly what I am trying to evaluate and make it happen.

peace - as per as your comment, the BC won't be an issue since it is needed at the time of interview. That certainly is a big relief. I guess all I need to get done aside from other paper work is the medical examination. Need to find out a place where I can get it done, since I recently moved to IL.

[peace]

I wonder what the language of those affidavits you have is like, because an affidavit is usually prepared by one person, the deponent, ( relative/sibling) describing his personal facts and then going on to stating facts(dob, place of birth etc.) about
the applicant. It is not just the signature but the whole language of the affidavit that matters too.
So, each relative should prepare a separate affidavit.

About keeping your parents;
Returning quickly after staying a month or so in India may create problems at entry.
If you file the petition before their I 94 expires, they would be legal staying here till the decision on the petition and can even travel on an AP.
If you want to file after their I94 expires, there could be overstay problems,
I am not so sure.You could go through a good immigration attorney
if you wish to process their gc in US, to avoid any potential problems about
overstay.

[Jats]

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