Jump to content
Sign in to follow this  
MamaJoy

Filing I-130 for parent who entered US legally but overstayed

7 posts in this topic

Recommended Posts

Filed: Timeline

My father entered US 16 years ago with a work visa but continued to stay even after expired visa. I am now a US citizen and wants to petition my dad through I-130.

Will I need I-485 or the new I-601a after I file I-130?

Please advise. Thanks.


Petition for Mother:
May 18, 2013. I-130 Package mailed
May 20, 2013. I-130 Package delivered
May 22, 2013. NOA1
Dec. 16, 2013. Received RFE Letter
Jan. 29, 2014. Sent RFE evidences
Feb. 07, 2014. NOA2 - Approval of Petition
Mar. 25, 2014. Got NVC Case Number via email
Mar. 31, 2014. Paid IV Fee and AOS Fee
Apr 5, 2014. Completed online DS 260
Sept. 19, 2014. Arrived in US
Petition for father:
1/24/2015 I-130 Package delivered to Phoenix Lockbox
1/26/2015 Receipt of I-130 by USCIS
1/28/2015 NOA1
2/12/2015 Mailed I-485 & I-765
2/17/2015 I-485 & I-765 arrived in Chicago Lockbox
3/19/2015 Biometrics
4/13/2015 Approved I-130 (Priority date: Jan. 26, 2015)
6/1/2015 USCIS reply re service request on undelivered 3/12/2015 RFE letter from USCIS
6/3/2015 USCIS reply re service request for temporary work permit
6/10/2015 RFE for I-94 delivered to US Homeland Security

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: China
Timeline

~duplicate thread removed~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

Why will you need a waiver?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Filed: Timeline

Why will you need a waiver?

Because he overstayed.


Petition for Mother:
May 18, 2013. I-130 Package mailed
May 20, 2013. I-130 Package delivered
May 22, 2013. NOA1
Dec. 16, 2013. Received RFE Letter
Jan. 29, 2014. Sent RFE evidences
Feb. 07, 2014. NOA2 - Approval of Petition
Mar. 25, 2014. Got NVC Case Number via email
Mar. 31, 2014. Paid IV Fee and AOS Fee
Apr 5, 2014. Completed online DS 260
Sept. 19, 2014. Arrived in US
Petition for father:
1/24/2015 I-130 Package delivered to Phoenix Lockbox
1/26/2015 Receipt of I-130 by USCIS
1/28/2015 NOA1
2/12/2015 Mailed I-485 & I-765
2/17/2015 I-485 & I-765 arrived in Chicago Lockbox
3/19/2015 Biometrics
4/13/2015 Approved I-130 (Priority date: Jan. 26, 2015)
6/1/2015 USCIS reply re service request on undelivered 3/12/2015 RFE letter from USCIS
6/3/2015 USCIS reply re service request for temporary work permit
6/10/2015 RFE for I-94 delivered to US Homeland Security

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

The overstay ban only impacts when you leave and as an immediate relative he does not have to


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Filed: Timeline

Shouldn't there be some sort of waiver that needs to be filed to request pardon from overstaying? After all overstaying is still considered unlawful presence in US.


Petition for Mother:
May 18, 2013. I-130 Package mailed
May 20, 2013. I-130 Package delivered
May 22, 2013. NOA1
Dec. 16, 2013. Received RFE Letter
Jan. 29, 2014. Sent RFE evidences
Feb. 07, 2014. NOA2 - Approval of Petition
Mar. 25, 2014. Got NVC Case Number via email
Mar. 31, 2014. Paid IV Fee and AOS Fee
Apr 5, 2014. Completed online DS 260
Sept. 19, 2014. Arrived in US
Petition for father:
1/24/2015 I-130 Package delivered to Phoenix Lockbox
1/26/2015 Receipt of I-130 by USCIS
1/28/2015 NOA1
2/12/2015 Mailed I-485 & I-765
2/17/2015 I-485 & I-765 arrived in Chicago Lockbox
3/19/2015 Biometrics
4/13/2015 Approved I-130 (Priority date: Jan. 26, 2015)
6/1/2015 USCIS reply re service request on undelivered 3/12/2015 RFE letter from USCIS
6/3/2015 USCIS reply re service request for temporary work permit
6/10/2015 RFE for I-94 delivered to US Homeland Security

Share this post


Link to post
Share on other sites
Filed: Timeline

Shouldn't there be some sort of waiver that needs to be filed to request pardon from overstaying? After all overstaying is still considered unlawful presence in US.

Never mind. I just read instructions for I-485. Overstaying is automatically pardoned due to immediate relative petition.

Edited by MamaJoy

Petition for Mother:
May 18, 2013. I-130 Package mailed
May 20, 2013. I-130 Package delivered
May 22, 2013. NOA1
Dec. 16, 2013. Received RFE Letter
Jan. 29, 2014. Sent RFE evidences
Feb. 07, 2014. NOA2 - Approval of Petition
Mar. 25, 2014. Got NVC Case Number via email
Mar. 31, 2014. Paid IV Fee and AOS Fee
Apr 5, 2014. Completed online DS 260
Sept. 19, 2014. Arrived in US
Petition for father:
1/24/2015 I-130 Package delivered to Phoenix Lockbox
1/26/2015 Receipt of I-130 by USCIS
1/28/2015 NOA1
2/12/2015 Mailed I-485 & I-765
2/17/2015 I-485 & I-765 arrived in Chicago Lockbox
3/19/2015 Biometrics
4/13/2015 Approved I-130 (Priority date: Jan. 26, 2015)
6/1/2015 USCIS reply re service request on undelivered 3/12/2015 RFE letter from USCIS
6/3/2015 USCIS reply re service request for temporary work permit
6/10/2015 RFE for I-94 delivered to US Homeland Security

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...