Newbie question. Only I-130 is needed if parents are abroad?

[BBlueB 35]

Newbie question. I checked out some materials and seems that only I-130 is needed if parents are abroad ?

And when I-130 gets approved after the interview in the embassy, then they can come to the states and receive green card. Is this correct? 

 

(I read that if parents are already in the states, then both I-130 and I-485 need to be filed).

Thanks !

[Chancy 6,233]

8 minutes ago, BBlueB said:

I checked out some materials and seems that only I-130 is needed if parents are abroad ?

 

I-130 + required evidence documents

 

9 minutes ago, BBlueB said:

And when I-130 gets approved after the interview in the embassy, then they can come to the states and receive green card. Is this correct? 

 

After interview and visa approval, they get their IR5 visas.  After entry into the US, their IR5 visas with CBP stamps serve as their temporary green card for 1 year until they get their plastic green cards in the mail.

 

[BBlueB 35]

1 minute ago, Chancy said:

 

I-130 + required evidence documents

 

 

After interview and visa approval, they get their IR5 visas.  After entry into the US, their IR5 visas with CBP stamps serve as their temporary green card for 1 year until they get their plastic green cards in the mail.

 

Thanks !

So I-485 is not needed.

[Chancy 6,233]

1 minute ago, BBlueB said:

So I-485 is not needed.

 

Correct.  I-485 is for adjusting status while in the US.  IR5 visa holders do not need to adjust status as they are permanent residents immediately after entering the US.

 

[HRQX 4,145]

12 minutes ago, BBlueB said:

So I-485 is not needed.

Correct.

14 minutes ago, Chancy said:

I-130 + required evidence documents

I'll add that after I-130 petition approval more documentation is provided to NVC. For example, DS-260 (Online Immigrant Visa and Alien Registration Application), police clearance certificate, I-864, etc. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html

Edited November 30, 2020 by HRQX

[BBlueB 35]

Thanks all for the comments ! One more question.

After I-130 is filed, can parents still visit the USA ? I assume they can't use ESTA (visa waiver) or tourist visa anymore..?

 

[HRQX 4,145]

5 minutes ago, BBlueB said:

After I-130 is filed, can parents still visit the USA ? I assume they can't use ESTA (visa waiver) or tourist visa anymore..?

After I-130 filing can still visit the US with ESTA or B-2, etc., but each entry is at CBP's discretion. They should travel with any documentation that shows they would leave the US without overstaying or submitting I-485.

[SalishSea 16,851]

7 minutes ago, BBlueB said:

Thanks all for the comments ! One more question.

After I-130 is filed, can parents still visit the USA ? I assume they can't use ESTA (visa waiver) or tourist visa anymore..?

 

They can use a valid ESTA or a valid B-2.  They would need to show ties/plans for returning since the I-130 petition will establish immigrant intent.

 

You may also want to look into how you plan to pay for their health care, since they won't be eligible for medicare.