Deja Bhoot2000

I am a US citizen and my parents are eligible for immigrant visa under
the "Immediate Relatives" category. After reading through the
immigration.gov site, I have some questions:

1. They are currently here on B2 (initial I94 = 6 months). Before the
expiration of their I-94 they filed I539 (extension of stay), which is
currently pending. What will happen to the pending I539 if we file for
adjustment of status?

2. So far I think the following forms will be needed:
G325A two forms, one for each parent
I130 two forms...
I485 two forms...
I864 one or TWO???
I693 two forms, and each one in duplicate, sealed.
I765 two forms
I131 two forms, advance parole

Any other forms?

3. Total Fee = $910 for each, including $70 for fingerprints. Is that
correct?

4. Should I write separate check for each form, or lump all fees
together?

5. Should all of the above forms (together) be mailed to Laguna Niguel,
or to San Francisco (I live in Alameda county)?

6. I checked with an attorney and she wants $3000 for her fees, in
addition to the cost for all the forms. There are no complications in
the case (no overstays, etc.) -- other than the fact that being from
India, and a village, there are no official birth or marriage
certificates for either of my parents, or for me. When I immigrated
(employment category), I submitted signed affidavit, as proof of my
birth certificate and that was acceptable.

Is there any strong reason to consider involving an attorney?

7. Question for people like Jonathan McNeil Wong: Is $3000 going rate
in Bay Area for immediate relative category adjustment of status?

8. I would like to correspond with anyone reading this who has gone
through this process for his or her parents. Just to compare notes, get
tips, etc.

Bhoot Nath

Jonathan McNeil Wong

wrote:
    > I am a US citizen and my parents are eligible for immigrant visa under
    > the "Immediate Relatives" category. After reading through the
    > immigration.gov site, I have some questions:
    >
    > 1. They are currently here on B2 (initial I94 = 6 months). Before the
    > expiration of their I-94 they filed I539 (extension of stay), which is
    > currently pending. What will happen to the pending I539 if we file for
    > adjustment of status?

Technically should be denied on 214(b) grounds (immigrant intent).

    >
    > 2. So far I think the following forms will be needed:
    > G325A two forms, one for each parent
    > I130 two forms...
    > I485 two forms...
    > I864 one or TWO???

One for each beneficiary, so two.

    > I693 two forms, and each one in duplicate, sealed.
    > I765 two forms
    > I131 two forms, advance parole
    >
    > Any other forms?

I think you've covered it.

    >
    > 3. Total Fee = $910 for each, including $70 for fingerprints. Is that
    > correct?

I don't have this on the top of my head; check forms and fees page at
USCIS website, http://www.uscis.gov.

    >
    > 4. Should I write separate check for each form, or lump all fees
    > together?

I recommend writing separate checks for each form. Attach with a single
staple to the lower two-thirds of the first page of the form to which
the check corresponds (this advice might change in the future if you end
up filing at NBC). Attach the $70 biometric fee check with the filing
check for the I-485.
    >
    > 5. Should all of the above forms (together) be mailed to Laguna Niguel,
    > or to San Francisco (I live in Alameda county)?

File with the San Francisco District office using the P.O. Box. This
assumes you are filing by April 1.

    >
    > 6. I checked with an attorney and she wants $3000 for her fees, in
    > addition to the cost for all the forms. There are no complications in
    > the case (no overstays, etc.) -- other than the fact that being from
    > India, and a village, there are no official birth or marriage
    > certificates for either of my parents, or for me. When I immigrated
    > (employment category), I submitted signed affidavit, as proof of my
    > birth certificate and that was acceptable.

Can't tell since we don't know anything about your parents. Going only
from what you post here, the main issue for me would be preconceived
intent, and I would want to evaluate that issue at least before
recommending a one-step adjustment as opposed to consular processing.
    >
    > Is there any strong reason to consider involving an attorney?

This attorney thinks there is a legal issue. Consider at least a
consultation with someone.

    >
    > 7. Question for people like Jonathan McNeil Wong: Is $3000 going rate
    > in Bay Area for immediate relative category adjustment of status?

I have no idea. It actually violates the antitrust laws for me to call
up other lawyers and ask what they charge if I use that information to
set prices. Assuming what you were quoted is a flat fee for both cases,
that's $1,500 per case, which doesn't seem ridiculuous. Shop around though.


    > 8. I would like to correspond with anyone reading this who has gone
    > through this process for his or her parents. Just to compare notes, get
    > tips, etc.
    >
    > Bhoot Nath
    >