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I-485 (Family-based) Discussion Forum
Can my parent leaves US without problem without filing I-485? |
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I-130 was filed on June 18, 2007 for my parent. The petition was approved on Sept 27, 2007, but did not file I-485 and my parent's tourist visa had expired on November 2007. Now , my parent wants to leave US and go home on February 2010, can my parent leaves US without any legal problem? Will US immigration let her go home? and can she get a tourist visa to visit me again?
Thank you.
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to chariot:
You need to update your info... What else did you file? I believe your parents are out of status in this country for quite long time. Your parents can go home but I believe they won't be able to come back. I-485 is the "adjustment of status" ie tourist to permanent in this case. You might want to talk to a good lawyer.
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to chariot:
before they leave, let them adjust their status here...otherwise, they will be banned for several years (depending on country of origin)...since the I130 has already been approved, the I485 shouldn't take long...i suggest that you file the I485 now...they should be green card holders in less than 4 months :)
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to chariot:
If your parents stayed for more than one year after the date indicated on the white paper (I-94) then they are banned for entering the US for ten years. Moreover, any non-immigrant visa they have has been automatically cancelled. Your parents can leave the US without any problem, but they won't be able to come back without a waiver.
macsquare said that the ban depends on the country of origin - that is false.
If your parents file an I-485 now and don't leave the US until getting LPR status, then they will be able to overcome the ban.
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to diavatirio:
I just read I-485 instruction, Page 2 Section 10-Fi:
10. Who Is Not Eligible to Adjust Status?
.......
You are not eligible for adjustment of status if any of the following apply to you:....
....
F. You failed to maintain your nonimmigrant status, other than through no fault of your own or for technical reasons; unless you are applying because you are:
i. An immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years old);
I guess it is ok if I-130 filer is a USC.
So question to the original post, are you a US citizen? If you are a permanent resident, then your parents won't be able to come back for about 10 years.
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to chirovt:
Only US citizens can sponsor parents. So, since the OP said that he filed an I-130 for his parents, he must be a US citizen. I am well aware that only immediate relatives can overcome the ten year ban.
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to diavatirio:
You are right.
http://www.uscis.gov/portal/site/uscis/menuitem...
1. How Do I Bring My Parents to Live in the United States?
This information is for United States (U.S.) citizens who wish to bring their parents to live permanently in the U.S. Note: Lawful permanent residents may not petition to bring their parents to live permanently in the U.S.
chariot's parents should be able to file I485.
So file I-485 and apply for AP before the trip and they should be all set. but not sure if they can go on Feb. That's way too quick. It usually takes several months..
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to chirovt:
Caution with what you wrote: they shouldn't use an AP. Leaving the country when you are subject to a ten year bar makes you inadmissible - the fact that they applied and had an AP in their possession makes no difference. The OP's parents will have to stay in the US until granted LPR status - or, be subject to the ten year bar.
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to mabsquare:
Can I file the I-485 now since the we received the approved I-130 back in 2007? Can we move forward to adjust my mother's status now?
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to diavatirio:
you mean I can submit I-485 for my mother now even though we have received the I-130 (approved) back in 2007 , which was misplaced and was not surfaced up until this month. My mother I-94 has already expired, I believe a couple of months after we submit the I-130. I did write to the immigration about not receiving the I-130 in 2008. Any comments/suggestion? Thank you.
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to chirovt:
yes, I am a USC and I am the one who file I-130 for my mother.
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to diavatirio:
What do AP & OP stand for ?
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to chariot:
Advance Parole and Original Poster.
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to diavatirio:
Read my post about I-485. Most of cases are not allow to file I-485 but it said even the parents over stay, they can still apply for I-485. Therefore, they should be able to get AP, if they can get AP, they are free to leave US and come back. But I guess s/he should ask a lawyer... that's probably the best.
I don't understand why chariot did not file I-485 until now...
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to chirovt:
Once again, you are incorrect that the parents can use an AP after filing. Once you accrue unlawful presence days and the three or ten year bar kicks in, you can not be readmitted into the United States without a waiver. Bottom line is that, if the parents want to adjust status to permanent resident without the need for applying for a waiver, they should not leave the United States at all until they get LPR status. AP should only be used by those that have no bar upon them.
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to diavatirio:
understood.
-do you know how long it take to get LPR status when the priority date Jun 2007 and I-130 approval notice date is Sept 2007?
-- on the I-130 approval notice there is a 9 digit #s that starts with A in the petitioner box, what is this ? Is this the petitioner" number ( me) or is this the A# for my mother that is to be used on the I-485 Part I ( Information About You --which I understand You to mean my mother)?
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to diavatirio:
Ok, i might be wrong here.. but either case, you should file I485 asap + AP.
One question..
It doesn't make much of sense why you can apply and can get GC but not be able to return for 10 years. So let's say, your I485 is pending, you leave USA. While you are oversea, your I-485 is approved, you get your GC in mail but you can't come back for 10 years? According to I-485 instructions, parents or immediate relatives over staying doesn't really matter when it comes to filing I-485.
bottom line - file I485 ASAP.
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to chariot:
It should take less than six months for parents to get LPR status.
As for chirovt's point - one may be able to get a green card even though he is subject to the bar when he leaves the US with AP. But that is only if he is lucky and gets unnoticed - and in any case, the grant of LPR status will not have been lawful. Better to rely on the law rather than your luck. The instructions are good as a first read but if you want to refer to something authoritative, you should look at the INA, the CFR and the BIA decisions.
Who said the immigration process makes any sense? As an old CoA judge once said, "in the never-never land of the Immigration and Nationality Act, plain words do not always mean what they say."
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to diavatirio:
true, so true...
but like diavatirio said, getting GC first before they leave is probably the best and safe option. if anything, ask one of above lawyer. one question cost you $10 - 15 or something... so try that.. good luck
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