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Hi,
I have sent in application for concurrent filing (I-130 - IR5 / I-485) for my mother to adjust status within the US. She is currently in the US on a B-2 visitor visa.
I have received the notices (I-797C) and we have finished her biometrics. We also sent I-693 medical exam results along with the application.
She has about 3 weeks left on her I-94.
We have a situation where she needs to return back to India and I was wondering what I need to do to change the application to consular processing?
We did not expect this and hence have not applied for Advanced Parole.
After some reading, I have understood that I need to file I-824. However, it is not clear when I need to file I-824 and what are the various consequences of her leaving before any approvals of her application is completed.
1. Do I (as petitioner) file I-824 or does she (as beneficiary) file I-824?
2. Is I-824 associated with I-130 or associated with I-485 or both?
3. Can I file I-824 now or do I need to file only after approval of I-130?
4. If I can only file after I-130 is approved, then what happens to her I-485 if she leaves the US now?
5. Does her I-485 get abandoned/terminated as a consequence of her leaving the US now? or does filing I-824 keep the application intact and gets converted to a CP case once I-130 is approved?
Thanks to the cumulative oracle here for your responses in advance.
I have sent in application for concurrent filing (I-130 - IR5 / I-485) for my mother to adjust status within the US. She is currently in the US on a B-2 visitor visa.
I have received the notices (I-797C) and we have finished her biometrics. We also sent I-693 medical exam results along with the application.
She has about 3 weeks left on her I-94.
We have a situation where she needs to return back to India and I was wondering what I need to do to change the application to consular processing?
We did not expect this and hence have not applied for Advanced Parole.
After some reading, I have understood that I need to file I-824. However, it is not clear when I need to file I-824 and what are the various consequences of her leaving before any approvals of her application is completed.
1. Do I (as petitioner) file I-824 or does she (as beneficiary) file I-824?
2. Is I-824 associated with I-130 or associated with I-485 or both?
3. Can I file I-824 now or do I need to file only after approval of I-130?
4. If I can only file after I-130 is approved, then what happens to her I-485 if she leaves the US now?
5. Does her I-485 get abandoned/terminated as a consequence of her leaving the US now? or does filing I-824 keep the application intact and gets converted to a CP case once I-130 is approved?
Thanks to the cumulative oracle here for your responses in advance.
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