Family Based I-130/I-485 Questions

[bribri87]

Hi, my wife and I are US Citizens. We want to sponsor her parents for a green card. They are currently here in the US legally on a tourist visa. Does any one know the following answers?

1) When we submit the 1-130/I-485 concurrent application, are her parents allowed to remain legally in the US while waiting for the application to be approved? If so, is there additional paperwork that needs to be filed, or are they still tied to the 6-month stay that they were granted upon their arrival with their tourist visa?

2) Is it advisable to also submit I-131 "Application for Travel" along with the application? From what I read, it sounds like that is the only way they will be allowed to travel back home after we submit their application. Am I correct that if they go back home after it's submited, it will "abandon" their application?

3) Can we also submit I-765 "Application for Employment Authorization" with their application, does this allow them to start working? How long does it take to get work authorization using this form?

Thanks so much!
Brian

[curiousone]

Hi, my wife and I are US Citizens. We want to sponsor her parents for a green card. They are currently here in the US legally on a tourist visa. Does any one know the following answers?

1) When we submit the 1-130/I-485 concurrent application, are her parents allowed to remain legally in the US while waiting for the application to be approved? If so, is there additional paperwork that needs to be filed, or are they still tied to the 6-month stay that they were granted upon their arrival with their tourist visa?

2) Is it advisable to also submit I-131 "Application for Travel" along with the application? From what I read, it sounds like that is the only way they will be allowed to travel back home after we submit their application. Am I correct that if they go back home after it's submited, it will "abandon" their application?

3) Can we also submit I-765 "Application for Employment Authorization" with their application, does this allow them to start working? How long does it take to get work authorization using this form?

Thanks so much!
Brian

1. Yes. No theyr enot tied to their stay. However ensur ethat youre not filing the papers immediately after they entered the US.

2. Yes. Once the I-485 is filed, they cnat travel outside AND reenter without a I-131, if not the i-485 will be considered abandoned.

3. Yes. 60-90 days. They cannot start workng until after they have received the card

[bribri87]

1. Yes. No theyr enot tied to their stay. However ensur ethat youre not filing the papers immediately after they entered the US.

2. Yes. Once the I-485 is filed, they cnat travel outside AND reenter without a I-131, if not the i-485 will be considered abandoned.

3. Yes. 60-90 days. They cannot start workng until after they have received the card

Thanks for your reply! Once they stay past their I-94 date, is the receipt for the AOS proof that they are still here legally? It's been about a month after they arrived, is that still too soon to file the papers?

I was planning on filing AP for them concurrently with their application, but the AP form says they need an urgent reason to go back home. Their reason is they have a small business back home and currently their daughter is helping them "babysit" it. It would be difficult for her to watch it longterm (over 6-months) so they have a dilemma of whether to go home or not. Do you think filing for AP with this reason is correct or is it better for them to do consulate processing instead?

Thanks,
Brian

[curiousone]

Thanks for your reply! Once they stay past their I-94 date, is the receipt for the AOS proof that they are still here legally? It's been about a month after they arrived, is that still too soon to file the papers?

I was planning on filing AP for them concurrently with their application, but the AP form says they need an urgent reason to go back home. Their reason is they have a small business back home and currently their daughter is helping them "babysit" it. It would be difficult for her to watch it longterm (over 6-months) so they have a dilemma of whether to go home or not. Do you think filing for AP with this reason is correct or is it better for them to do consulate processing instead?

Thanks,
Brian

Although the form says you need an urgent reason , as a practice, AP is usually granted routinely. Whether they should stay here and adjust or do consualr processing is a personal decision but from reading your post, I can see no real benefit to doing AOS for them. If it were me, I would let at least on eof them go back home and attand to their business while awaiting consualr processing but again thats a very personal decision.
Yes once the OAS is filed, their status becomes legal even if their visa and/or I94 has already expired.