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Adjustment of Status (I130 & I485) for Parents while B2 Extension of Stay is Pending

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  • Adjustment of Status (I130 & I485) for Parents while B2 Extension of Stay is Pending

    Hi Guys,

    I am a US citizen. My parents B2 stay has expired and few weeks before it expired, I filed for their extension of stay. Besides the receipt, I have not received any notification for biometric. Taking in to consideration the (1) Trump's immigration ban and (2) B2 Extension of Stay pending, are they eligible for me to file their I-130/I-485 from within the United States? Anything i should be concerned about? Please advise!

  • #2
    Because you are a US citizen and your parents entered the USA without the intention to became permanent residents, you should not have problems starting the immigration process.

    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
    Day 112 - EAD delivered
    Day 195 - Letter for missing I-693
    Day 6xx - no news (retrogression)
    EAD 1st renewal: 2 approved in 24 days, 1 in 133 days

    Comment


    • #3
      Yes. Parents of US citizens are in the Immediate Relative category and do not need to be in status to apply for Adjustment of Status.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Thank You Guys, I have an additional question which I am really unsure of. My parents on B2 have been visiting me on and off for several years where they stayed with me for few months at a time. For I-485 Part 3 (Address History) and leveraging Part 14 (Additional Information), even though there are at most 2 addresses (outside US), do i need to list out all the dates as well taking in to consideration that they travelled back and forth a dozen times between those addresses?. For instance, would i need something like the below.

        5 - US Address (March 2020 to Present)
        7. Home Address (June 2019 to March 2020)
        14 (Additional Information). US Address (February 2019 to June 2019), Home Address (October 2018 to February 2019), US Address (Some Date, Home Address (Some Date), etc and the list goes on until it covers for the last 5 years

        Additionally, should I also include their stay for less than a month at my sister's residence in lets say Canada? If not then wouldn't it show a gap and require a possible RFE?

        Any help will be much appreciated. Please guide me as i am lost with this one.

        Comment


        • #5
          Originally posted by JFearH View Post
          Thank You Guys, I have an additional question which I am really unsure of. My parents on B2 have been visiting me on and off for several years where they stayed with me for few months at a time. For I-485 Part 3 (Address History) and leveraging Part 14 (Additional Information), even though there are at most 2 addresses (outside US), do i need to list out all the dates as well taking in to consideration that they travelled back and forth a dozen times between those addresses?. For instance, would i need something like the below.

          5 - US Address (March 2020 to Present)
          7. Home Address (June 2019 to March 2020)
          14 (Additional Information). US Address (February 2019 to June 2019), Home Address (October 2018 to February 2019), US Address (Some Date, Home Address (Some Date), etc and the list goes on until it covers for the last 5 years

          Additionally, should I also include their stay for less than a month at my sister's residence in lets say Canada? If not then wouldn't it show a gap and require a possible RFE?

          Any help will be much appreciated. Please guide me as i am lost with this one.
          If they were visiting a place, that doesn't count as having changed their residence. Only list the places they resided.

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            Originally posted by newacct View Post

            If they were visiting a place, that doesn't count as having changed their residence. Only list the places they resided.
            So it doesnt matter how many times they visited US, those visits will not be included? Does that mean that for Part 3, #5 I will put my US address since thats where they are living now and for #7 will be their back home address and I guess that the duration for back home address will be longer even though they were technically not present there during many times they were visiting US? I just hope this will not raise any red flags.

            Comment


            • #7
              Whether someone is visiting or residing is subjective, but what you said seems reasonable.

              This is my personal opinion and is not to be construed as legal advice.

              Comment


              • #8
                Yes agree
                i followed likewise in my application for parents too

                good luck!
                USC filed AOS for parents on B2. I am not a lawyer.
                Timeline
                2020
                7/21 <— I-130/485/944/864/131/765/693 Delivered to Chicago Lockbox
                8/4 <— Checks cashed
                8/5 <— I-797 SMS (8/10 in mail)
                8/17 <— Biometric notice
                8/24 <— Biometrics completed
                10/19 <— I-485 ("New Card Is Being Produced")
                10/20 <— I-130 and I-485 ("Case Was Approved")
                10/22 <— I-130 and I-485 Approval notices received

                Comment


                • #9
                  Originally posted by newacct View Post
                  Whether someone is visiting or residing is subjective, but what you said seems reasonable.
                  Thank You. Since I have also filed for my parents extension of stay previously when their intent was not to immigrate and since that application is still pending? What should I put in several of the forms where it asks for the expiration of stay? Should i put the same date as what the current I-90 says even though that date has expired?

                  Comment


                  • #10
                    Originally posted by verbose View Post
                    Yes agree
                    i followed likewise in my application for parents too

                    good luck!
                    Did you file for adjustment of status while they are already in US? If so I may have some question for you to help me in my application. One that I can think from the top of my head is if you filed I-693 with your packet or you decided to wait taking in to consideration that it may be expired by the time I130 is approved?

                    Comment


                    • #11
                      Originally posted by JFearH View Post

                      Thank You. Since I have also filed for my parents extension of stay previously when their intent was not to immigrate and since that application is still pending? What should I put in several of the forms where it asks for the expiration of stay? Should i put the same date as what the current I-90 says even though that date has expired?
                      You mean their I-94? yes

                      This is my personal opinion and is not to be construed as legal advice.

                      Comment


                      • #12
                        Originally posted by JFearH View Post

                        Did you file for adjustment of status while they are already in US? If so I may have some question for you to help me in my application. One that I can think from the top of my head is if you filed I-693 with your packet or you decided to wait taking in to consideration that it may be expired by the time I130 is approved?

                        AOS can be filed only when they are already in the US.
                        Filing abroad is a different procedure called Consular Processing. Please google this as this is an important thing to be clear about.

                        Re: 693, I filed everything in one go. 693 is valid for two years, I expect that is enough time.
                        USC filed AOS for parents on B2. I am not a lawyer.
                        Timeline
                        2020
                        7/21 <— I-130/485/944/864/131/765/693 Delivered to Chicago Lockbox
                        8/4 <— Checks cashed
                        8/5 <— I-797 SMS (8/10 in mail)
                        8/17 <— Biometric notice
                        8/24 <— Biometrics completed
                        10/19 <— I-485 ("New Card Is Being Produced")
                        10/20 <— I-130 and I-485 ("Case Was Approved")
                        10/22 <— I-130 and I-485 Approval notices received

                        Comment


                        • #13
                          Originally posted by verbose View Post


                          AOS can be filed only when they are already in the US.
                          Filing abroad is a different procedure called Consular Processing. Please google this as this is an important thing to be clear about.

                          Re: 693, I filed everything in one go. 693 is valid for two years, I expect that is enough time.
                          Yes my parents are here in US and I am filling for I-130, I-485, I-765, I-864, I-944 and G-1145 separate for each parents. Is this right?.

                          Also, for I-130, 11a I put my current US address and I put "SAME" for 12A and 13A. Is this what you did as well?

                          Comment


                          • #14
                            Also, for these forms, did you write N/A for everything where it was not applicable or did you leave it blank? I heard sometimes they think you missed to something if you leave it blank, really not sure what the right way is.

                            Comment


                            • #15
                              Originally posted by JFearH View Post
                              Also, for these forms, did you write N/A for everything where it was not applicable or did you leave it blank? I heard sometimes they think you missed to something if you leave it blank, really not sure what the right way is.
                              I did not follow the N/A rule very diligently and have seen at least one other post here where they did the same and it was ok.
                              Will be good to be explicit as much as possible....so do try to follow it as much as you can...
                              USC filed AOS for parents on B2. I am not a lawyer.
                              Timeline
                              2020
                              7/21 <— I-130/485/944/864/131/765/693 Delivered to Chicago Lockbox
                              8/4 <— Checks cashed
                              8/5 <— I-797 SMS (8/10 in mail)
                              8/17 <— Biometric notice
                              8/24 <— Biometrics completed
                              10/19 <— I-485 ("New Card Is Being Produced")
                              10/20 <— I-130 and I-485 ("Case Was Approved")
                              10/22 <— I-130 and I-485 Approval notices received

                              Comment

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