I-130 for parents approved but they are visiting usa

[Vabsmith 46]

Hi,

I filed for my parents I-130 petition in Dec 2019. They happened to travel to USA in late Feb 2020 and have been here in USA since then.

Today I got the email from NVC that their case is approved and a case number and invoice ID is created for both of them.

When I logged into NVC it shows that I can pay fees, fill the forms and schedule interview at the local consulate.  It also shows their priority date is 05-DEC-2019.

My question is-

1. Can I file for their I-485 since they are already here in USA ? If yes then how long the wait might be ? I looked up the visa bulletin but couldn't find what priority dates are for parents of a US citizen..May be I am missing  some basic knowledge here..?

2. If I were to wait and have my parents go through interview  in the home country then how long can I delay the interview? They are currently planning to be in USA till mid July.

 

Thanks

 

 

 

[Just Paul 4,591]

Two choices:

1- File a complete AOS packet including the I-944 for each of them.  They can't leave until getting AP or green card.

2- they go back and do consular processing.

[Boiler 43,429]

Parents do not really have a priority date, as immediate relatives there is no wait for a visa number.

 

Consulates are currently closed so delaying should not be much of an issue.

[HRQX 4,145]

1 hour ago, Vabsmith said:

Can I file for their I-485 since they are already here in USA ?

Yes; Immediate Relatives don't have to wait for a visa number. But you'll have to contact USCIS and/or NVC so they can send the approved petitions back to USCIS and put it in their A-files. They'll each need their own:

• I-485 with a copy of the I-130 receipt notice, I-864 with supporting documents, I-944 with supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

1 hour ago, Vabsmith said:

They are currently planning to be in USA till mid July.

Unpredictable if the President will extend the 60 day ban for parent immigrant visas at embassies and consulates: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

Edited May 8, 2020 by HRQX

[SusieQQQ 11,584]

1 hour ago, Boiler said:

 

 

Consulates are currently closed so delaying should not be much of an issue.

Plus parent visas fall under the current EO ban, that extends at least some way into June, possibly extended.

[milimelo 4,191]

Probably need I-824 to get I-130s back to USCIS - check into that. 

[Vabsmith 46]

Great suggestions. Thank you all. I have a few more questions please-

1. So I have an option to file I-485 with all needed documents and also file for advance parole at the same time.

2. If I go this route then the parents have to remain in USA until the advance parole is approved...or even better if the I-485 is approved.

Question - With this option do we know if the advance parole processing are also halted by the immigration ban? If they do get AP approved before July then for how long can they go back and remain in the home country?

 

3. If they decide to do the consular processing in the home country then I just wait until they return to the home country in July and evaluate the situation of local consulate and schedule interview there after...is that right?

 

 

 

[Lil bear 3,831]

1 minute ago, Vabsmith said:

Great suggestions. Thank you all. I have a few more questions please-

1. So I have an option to file I-485 with all needed documents and also file for advance parole at the same time.

2. If I go this route then the parents have to remain in USA until the advance parole is approved...or even better if the I-485 is approved.

Question - With this option do we know if the advance parole processing are also halted by the immigration ban? If they do get AP approved before July then for how long can they go back and remain in the home country?

 

3. If they decide to do the consular processing in the home country then I just wait until they return to the home country in July and evaluate the situation of local consulate and schedule interview there after...is that right?

 

 

 

Just my thoughts for what it’s worth.. I am .. perhaps pessimistically.. expecting to see the current ban involving IR 5 visa extended and probably morph into a permanent loss of this category into the future. If I was in your situation, I wouldn’t risk my parents returning home and then finding that their visa category was no longer available. They can still AOS legally now .. that may or be the case in the future....just my opinion 

[Boiler 43,429]

AP takes 6 months or so, more likely the end of the year.

[Vabsmith 46]

42 minutes ago, Boiler said:

AP takes 6 months or so, more likely the end of the year.

Thank you. Is this because of the EO ban or is that the typical timing?

[Just Paul 4,591]

10 minutes ago, Vabsmith said:

Thank you. Is this because of the EO ban or is that the typical timing?

4-6 months was typical.  Currently you can't get a biometrics appointment as USCIS field offices are closed to the public.

[geowrian 22,335]

An I-824 shouldn't be needed. When you file an I-485, USCIS is supposed to request the I-130 from whoever currently has it.

I use "shouldn't" and "supposed to" above because there have been a handful of cases where USCIS did not do so and wanted an I-824 filed. Those cases never came back to update if they ended up filing the I-824 or resolved the matter directly with USCIS.

But needing one is not the norm.

 

The I-824 (https://www.uscis.gov/system/files_force/files/form/i-824.pdf) only lists 5 reasons to file it:

1) To request a duplicate (not this one!)

2) To notify a consulate of the approval if it differs from that of the petition/application. (Does not apply here)

3) Notify a consulate about a primary beneficiary's AOS application for follow-to-join (FTJ) purposes of derivative beneficiaries. (Not this either)

4) To make USCIS send an approved petition to NVC. (Not this - this is for when you filed the petition and marked AOS instead of consular processing, but then changed to consular processing)

5) To notify USCIS that you have naturalized. (Not this!)

Edited May 8, 2020 by geowrian

[py6 43]

Would it be considered immigration fraud though to file AOS while parents are here on visitor visa?

[geowrian 22,335]

4 minutes ago, py6 said:

Would it be considered immigration fraud though to file AOS while parents are here on visitor visa?

If they entered w/o intent to file for AOS and did not like to CBP, then it's permitted. It's a change of circumstances.

(They won't need to demonstrate their intent either...that was something determined at POE).

[py6 43]

9 minutes ago, geowrian said:

If they entered w/o intent to file for AOS and did not like to CBP, then it's permitted. It's a change of circumstances.

(They won't need to demonstrate their intent either...that was something determined at POE).

Do parents also need to file I-944 for AOS?