Green Card for dad

[janya26]

Hi,
We are US Citizens and applied for the Green Card for my father in law (he's 80+ and living by himself). He's here on visiting visa and we got his 130 approval.

Seeking advice to see if its better to apply for 485 now? If yes, should we extend his visitor stay? Can we also apply for I-131?

Is it going to be better for him to return to India and wait for the next process or should we apply here for the adjustment of status. Are there are any pros and cons either ways. If we applied for the 485/I131, should we have to file for his visitors visa extension?


Looking for advice, any help is appreciated.

[newacct]

Seeking advice to see if its better to apply for 485 now?

Did he intend to file I-485 during this stay when he entered? There is a possibility they might suspect he misrepresented his intention to file I-485 at the time of entry.

If yes, should we extend his visitor stay?

No

Can we also apply for I-131?

Yes, if he files I-485 he should also file I-765 for EAD and I-131 for Advance Parole. They are both free for I-485 applicants.

[mnsweeps]

when did u get the 130 approval?

I applied for my moms 130 on dec 28, 2021. Then we applied for her 485/ead/ap on april 28, 2022. EAD approved 2 days back.... rest all being actively looked at.

Yes you should apply for 485 asap. Nothing wrong in it. My mom is past her 6 months stay in US but since we applied for AOS she can continue staying here.

[janya26]

newacct the I-130 got approved only later. It got approved only after he came to visit us. Is that enough to prove that he didnt have intent?

[janya26]

mnsweeps applied around March 2021