Filing adjustment of status.. need help

[LMLM 4]

Hello guys, im back again here in visa journey. I filed petition for my parents form i-130 last august 2018 while they are here in america using their visit visa. I just checked the status of their petition but still pending and their visit visa will expire soon, on second week of january 2019 to be exact. Should i file adjustment of status form i-485 so they can legally stay in america while waiting for form i-130 to get approved? Thank you guys in advance....

Edited December 7, 2018 by LMLM

[ghgy1 0]

I have seen a lot of folks been through US citizen family petition but heres my view,

You have two option to choose: Either USCIS processing or Consoler Processing.

As per immigration guidelines, tourist visa is for short stay in US, However, as being an US citizen you can petition your parents while they are in US; there is nothing that Stops you going that route but again, Your parents may have to wait for an ugly long wait on USCIS processing (19 months as I have seen recently and still Waiting.....) and possible many questioned from USCIS down the line.

Not trying to scare you but Counselor processing is a lot better as it takes less than year considering the current situation and environment.

If you choose USCIS processing, hopefully you get Nice USCIS officer and get it through but when comes into decision ,its  YOUR's Choice . Good Luck

Edited December 7, 2018 by ghgy1

[geowrian 22,335]

Once an I-485 is properly filed, they are granted authorized stay while the case is pending.

Why didn't you file the I-485 back when you filed the I-130? Their process will likely be delayed by a few months as a result. They also could have applied for an EAD (to work or get an SSN) and AP (to travel abroad and return) at the same time as the I-485 and at no cost. Those would now be delayed as well.

 

The alternative is they can exit the US before their I-94 expires (which is not the same as the visa expiration!) and complete processing abroad. This would likely be faster. But it does involve separation in the meantime.

[LMLM 4]

12 hours ago, geowrian said:

Once an I-485 is properly filed, they are granted authorized stay while the case is pending.

Why didn't you file the I-485 back when you filed the I-130? Their process will likely be delayed by a few months as a result. They also could have applied for an EAD (to work or get an SSN) and AP (to travel abroad and return) at the same time as the I-485 and at no cost. Those would now be delayed as well.

 

The alternative is they can exit the US before their I-94 expires (which is not the same as the visa expiration!) and complete processing abroad. This would likely be faster. But it does involve separation in the meantime.

Thank you for your response. I didnt know that i need to file i-485 for them. Question, how to get ssn, what is the requirements? And what is the form number for advance parole or permission to travel?

[geowrian 22,335]

3 minutes ago, LMLM said:

Thank you for your response. I didnt know that i need to file i-485 for them. Question, how to get ssn, what is the requirements? And what is the form number for advance parole or permission to travel?

They can get an SSN once they have an EAD or green card. The EAD ("work permit") is via an I-765. Use category (c)(9). ETA: ~4-6 months on average.

The advance parole is via an I-131. Also amn ETA of ~4-6 months. Usually they issue a combo card that acts as both an EAD and AP.

Both can be filed at the same time as the I-485.

No fees are required for the I-131 or I-765 in these circumstances.

[LMLM 4]

1 minute ago, geowrian said:

They can get an SSN once they have an EAD or green card. The EAD ("work permit") is via an I-765. Use category (c)(9). ETA: ~4-6 months on average.

The advance parole is via an I-131. Also amn ETA of ~4-6 months. Usually they issue a combo card that acts as both an EAD and AP.

Both can be filed at the same time as the I-485.

No fees are required for the I-131 or I-765 in these circumstances.

Thank you very much... 

My parents already old, they are on their 70’s but i think i still shiould apply the EAD so they can get social number. Thanks again, i will work on their paper this weekend. Do i need to attached some evidence like my birth certificate and the noa for pending i-130?

[geowrian 22,335]

5 minutes ago, LMLM said:

Thank you very much... 

My parents already old, they are on their 70’s but i think i still shiould apply the EAD so they can get social number. Thanks again, i will work on their paper this weekend. Do i need to attached some evidence like my birth certificate and the noa for pending i-130?

That's fine. They don't need to work or have any desire to do so for an EAD. Although it can have other benefits (SSN, state ID or driver's license in some states, etc.).

 

The process would basically be the same as a spouse adjusting status in the US (https://www.visajourney.com/content/i130guide2, I-485 checklist only). No need for the I-130s since you already sent those (and no need for an I-130A for a spouse). The birth certificate is usually the best way to establish the parent/child relationship...but that would have been sent with the I-130s.

Yes, send a copy of the NOA1 (receipt notice) with each I-485.

[LMLM 4]

9 hours ago, geowrian said:

That's fine. They don't need to work or have any desire to do so for an EAD. Although it can have other benefits (SSN, state ID or driver's license in some states, etc.).

 

The process would basically be the same as a spouse adjusting status in the US (https://www.visajourney.com/content/i130guide2, I-485 checklist only). No need for the I-130s since you already sent those (and no need for an I-130A for a spouse). The birth certificate is usually the best way to establish the parent/child relationship...but that would have been sent with the I-130s.

Yes, send a copy of the NOA1 (receipt notice) with each I-485.

I can apply advance parole for them so they can get their ssn number. Thanks.... ill uodate you guys soon. Thanks

[geowrian 22,335]

1 hour ago, LMLM said:

I can apply advance parole for them so they can get their ssn number. Thanks.... ill uodate you guys soon. Thanks

The EAD would be for the SSN. AP is to travel abroad and return.

[LMLM 4]

Just now, geowrian said:

The EAD would be for the SSN. AP is to travel abroad and return.

Yeah. Thanks for correcting me. Yeah, ead. 

[MyJourney 276]

@LMLM apply for adjustment of status. Don't let your parents at this age to travel so much, it is just easier for them to be with you while they wait. 
If they don't intend to work any time soon, they don't bother about EAD. I did not do EAD for my wife because she does not need to work anyway. I think it even helps your case because your beneficiaries do not need and are not interested in working. They are coming here for the sole purpose of just being together with you. 

[geowrian 22,335]

35 minutes ago, MyJourney said:

If they don't intend to work any time soon, they don't bother about EAD. I did not do EAD for my wife because she does not need to work anyway. I think it even helps your case because your beneficiaries do not need and are not interested in working. They are coming here for the sole purpose of just being together with you. 

It comes in handy in case they want a bank account, state ID or driver's license, etc.

The idea of working or not has absolutely no impact in the OP's case.With a spouse, an argument could be made that they are just coming to work and married for that benefit. For parents, the only proof of a bona fide relationship needed is through basic documents like a birth certificate...whether they just want to come to the US to work or not is not a factor in adjudication as the relationship is still bona fide even if their intent is otherwise.

[LMLM 4]

8 hours ago, MyJourney said:

@LMLM apply for adjustment of status. Don't let your parents at this age to travel so much, it is just easier for them to be with you while they wait. 
If they don't intend to work any time soon, they don't bother about EAD. I did not do EAD for my wife because she does not need to work anyway. I think it even helps your case because your beneficiaries do not need and are not interested in working. They are coming here for the sole purpose of just being together with you. 

Thank you for your opinion. I will apply for adjustment form i-485, im working on their oaoer right now. I still have time as their visit visa expire on second week of january.

thanks everyone appreciate your effort.

[LMLM 4]

Hello again guys, im preparing my parents application for adjust status or i-485 form, in part 1 number 2 question. Are you applying for adjustment based on the immigration and nationality act (ina) section 245(i). Is it a yes ir no? Please help

[geowrian 22,335]

5 minutes ago, LMLM said:

Hello again guys, im preparing my parents application for adjust status or i-485 form, in part 1 number 2 question. Are you applying for adjustment based on the immigration and nationality act (ina) section 245(i). Is it a yes ir no? Please help

245(i) requires an I-130 filed in or before early 2001. Almost nobody falls under this nowadays.

Edited December 21, 2018 by geowrian