Gunjan Bhow

Hello:

I am a Naturalized US Citizen living in San Jose, California area.

I am about to submit the I-130 petitions for U.S. permanent residency
for each of my parents who are citizens of India.

My parents are currently in the US visiting me for a few weeks.

So I have two questions:

(1) What do I indicate on question 22 of the I-130 form?

Here's how the question reads: Complete the information below if your
relative is in the United States and will apply for adjustment of
status.

From what I understand, the I-130 process takes 12-15 months, which
means my parents will be back in India when it is approved. As of now,
they plan to return to India by July/August 2004.

Do I leave question 22 as "N/A"? If I were to indicate visa abroad
location as "Bombay, India", it falls under the "relative not eligible
for adjustment of status", which doesnt sound right to me in my case.

(2) Do they need to file the I-485? If so, should we do it right away,
or at some future time?

Thanks in advance,
Gunjan

Amanda

(Gunjan Bhow) wrote in message news:<>...
    > Hello:
    >
    > I am a Naturalized US Citizen living in San Jose, California area.
    >
    > I am about to submit the I-130 petitions for U.S. permanent residency
    > for each of my parents who are citizens of India.
    >
    > My parents are currently in the US visiting me for a few weeks.

If they are here for only a few weeks, ... see below.

    >
    > So I have two questions:
    >
    > (1) What do I indicate on question 22 of the I-130 form?
    >
    > Here's how the question reads: Complete the information below if your
    > relative is in the United States and will apply for adjustment of
    > status.

If they are here for only a few weeks,

You have 2 choices to answer: "yes, they are here and will apply for
Adjustment of Status" or "yes, they are here but will NOT apply for
Adjustment of Status".

To decide what to answer, read below...starting "NOW.."

    >
    > From what I understand, the I-130 process takes 12-15 months, which
    > means my parents will be back in India when it is approved. As of now,
    > they plan to return to India by July/August 2004.
    >
    > Do I leave question 22 as "N/A"? If I were to indicate visa abroad
    > location as "Bombay, India", it falls under the "relative not eligible
    > for adjustment of status", which doesnt sound right to me in my case.

Why wouldn't it sound right? You either choose to do adjustment of
status or you don't choose to do it.

    >
    > (2) Do they need to file the I-485? If so, should we do it right away,
    > or at some future time?

NOW....

Are you aware that they can apply for I-485 (GC application) at the
same time you file I-130 for them? Are you also aware that they can
apply for Advanced Parole (use I-131 form) along with their I-485
application, to travel outside US and be able to enter back when
processing for I-130 9and I-485) is going on?

That way, they can go out of US with Advanced Parole regardless of
what's happening with processing of their I-485 (GC application) or
your I-130 filing. But I doubt that they will get Advanced parole in a
few weeks. So be prepared to stay her more than a few weeks.

BTW, they must be on valid visa status to be elgible to get Advanced
Parole. If necessary, extend their visit visa to another 6 months. If
their visit visa still have plenty of time, they won't need to extend.
AP should arrive in time.

If you have a law school locally, they may have Immigration Help
center to provide you with suggestions whether you would need to
extend their visit visa if it expires while waiting to receive
Advanced Parole.

With Advanced Parole, they have to enter US back before it expires in
order to be able to continue to do adjustment of status. Usually AP
has one year validity, about the same time it takes processing of
I-130.

AP can be renewd/reapply but if get GC interview and GC is approved,
what is applied would be called (using the same I-131 form) would be
Travel Document. In essence, both AP and TD are travel permit.

If they don't want enter back within one year using AP, you can inform
to change from wanting to do Adjustment of Status to Consular
Processing. Then they can just waiit to get immigrant visa in Bombay
and then enetr US, get GC stamp upon arrival to US.

Read at http://uscis.gov

Gunjan Bhow

Thanks Amanda for the reply. I guess my basic dilemma is the
following. Assume the following sequence of events:

(1) I file the I-130 for each of my parents. I indicate on question 22
that my parents will adjust status in Bombay, India. I do no file
I-485 at this point.
(2) My parents return to India in a few weeks.

Now, consider the scenario where their I-130 petition hasn't been
approved yet (it is in processing), and they want to visit the US on
their current visitor visa. Will it be a violation to do so? Do they
have to wait until the I-130 is approved and they are asked to appear
(in India) for the adjustment of status?

In other words, is their visitor (non-immigrant) visa no longer valid
as soon as I apply an I-130 on their behalf? Is this similar to the
H-1 visa becoming invalid as soon as adjustment is filed for the green
card (based on employment)?

Thanks,

(Amanda) wrote in message news:<>...
    > (Gunjan Bhow) wrote in message news:<>...
    > > Hello:
    > >
    > > I am a Naturalized US Citizen living in San Jose, California area.
    > >
    > > I am about to submit the I-130 petitions for U.S. permanent residency
    > > for each of my parents who are citizens of India.
    > >
    > > My parents are currently in the US visiting me for a few weeks.
    >
    > If they are here for only a few weeks, ... see below.
    >
    > >
    > > So I have two questions:
    > >
    > > (1) What do I indicate on question 22 of the I-130 form?
    > >
    > > Here's how the question reads: Complete the information below if your
    > > relative is in the United States and will apply for adjustment of
    > > status.
    >
    > If they are here for only a few weeks,
    >
    > You have 2 choices to answer: "yes, they are here and will apply for
    > Adjustment of Status" or "yes, they are here but will NOT apply for
    > Adjustment of Status".
    >
    > To decide what to answer, read below...starting "NOW.."
    >
    > >
    > > From what I understand, the I-130 process takes 12-15 months, which
    > > means my parents will be back in India when it is approved. As of now,
    > > they plan to return to India by July/August 2004.
    > >
    > > Do I leave question 22 as "N/A"? If I were to indicate visa abroad
    > > location as "Bombay, India", it falls under the "relative not eligible
    > > for adjustment of status", which doesnt sound right to me in my case.
    >
    > Why wouldn't it sound right? You either choose to do adjustment of
    > status or you don't choose to do it.
    >
    > >
    > > (2) Do they need to file the I-485? If so, should we do it right away,
    > > or at some future time?
    >
    > NOW....
    >
    > Are you aware that they can apply for I-485 (GC application) at the
    > same time you file I-130 for them? Are you also aware that they can
    > apply for Advanced Parole (use I-131 form) along with their I-485
    > application, to travel outside US and be able to enter back when
    > processing for I-130 9and I-485) is going on?
    >
    > That way, they can go out of US with Advanced Parole regardless of
    > what's happening with processing of their I-485 (GC application) or
    > your I-130 filing. But I doubt that they will get Advanced parole in a
    > few weeks. So be prepared to stay her more than a few weeks.
    >
    > BTW, they must be on valid visa status to be elgible to get Advanced
    > Parole. If necessary, extend their visit visa to another 6 months. If
    > their visit visa still have plenty of time, they won't need to extend.
    > AP should arrive in time.
    >
    > If you have a law school locally, they may have Immigration Help
    > center to provide you with suggestions whether you would need to
    > extend their visit visa if it expires while waiting to receive
    > Advanced Parole.
    >
    > With Advanced Parole, they have to enter US back before it expires in
    > order to be able to continue to do adjustment of status. Usually AP
    > has one year validity, about the same time it takes processing of
    > I-130.
    >
    > AP can be renewd/reapply but if get GC interview and GC is approved,
    > what is applied would be called (using the same I-131 form) would be
    > Travel Document. In essence, both AP and TD are travel permit.
    >
    > If they don't want enter back within one year using AP, you can inform
    > to change from wanting to do Adjustment of Status to Consular
    > Processing. Then they can just waiit to get immigrant visa in Bombay
    > and then enetr US, get GC stamp upon arrival to US.
    >
    > Read at http://uscis.gov

Amanda

(Gunjan Bhow) wrote in message news:<>...
    > Thanks Amanda for the reply. I guess my basic dilemma is the
    > following. Assume the following sequence of events:
    >
    > (1) I file the I-130 for each of my parents. I indicate on question 22
    > that my parents will adjust status in Bombay, India. I do no file
    > I-485 at this point.

Adjustment of status can be done only inside US. Adjusting form
non-immigarnt status to immigrant status.

Outside, US, it is called Consular processing.


    > (2) My parents return to India in a few weeks.
    >
    > Now, consider the scenario where their I-130 petition hasn't been
    > approved yet (it is in processing), and they want to visit the US on
    > their current visitor visa. Will it be a violation to do so? Do they
    > have to wait until the I-130 is approved and they are asked to appear
    > (in India) for the adjustment of status?

To get visit visa while I-130 is pending would be tough but in this
forum, I heard some parents getting it.

If they are definitely going back to India soon after current visit,
my suggestion is to file I-130 only and then over there, try to get
visit visa if they want to visit while I-130 is pending. If they
don't get it, they just wait for immigarnt visa.

If they do not have to return to India so quickly now, file I-130 and
I-485, and ALSO travel permit (Advanced Parole) *the same time* and
wait inside till they get Advanced Parole which they can use to travel
outside US and come back to US within a year (see expiration date of
AP). By that time, it might be the time for heir Adjustment of Status
interview anyway. They can enter US and adjust the status then.

    >
    > In other words, is their visitor (non-immigrant) visa no longer valid
    > as soon as I apply an I-130 on their behalf? Is this similar to the
    > H-1 visa becoming invalid as soon as adjustment is filed for the green
    > card (based on employment)?

I-130 is different from adjustment of status which use I-485. You are
comparing apples and oranges.

Non-immigarnt status is not affected (if they are inside) by your
filing I-130 but once they leave US, and you have I-130 filed, it
might be hard for them to get visit visa again but like I said, some
people still get it. It might just depend on the consular. My opinion
is that consular's understanding of a culture where older parents are
taken care of by their adult children may play a role.



    >
    > Thanks,
    >
    > (Amanda) wrote in message news:<>...
    > > (Gunjan Bhow) wrote in message news:<>...
    > > > Hello:
    > > >
    > > > I am a Naturalized US Citizen living in San Jose, California area.
    > > >
    > > > I am about to submit the I-130 petitions for U.S. permanent residency
    > > > for each of my parents who are citizens of India.
    > > >
    > > > My parents are currently in the US visiting me for a few weeks.
    > >
    > > If they are here for only a few weeks, ... see below.
    > >
    > > >
    > > > So I have two questions:
    > > >
    > > > (1) What do I indicate on question 22 of the I-130 form?
    > > >
    > > > Here's how the question reads: Complete the information below if your
    > > > relative is in the United States and will apply for adjustment of
    > > > status.
    > >
    > > If they are here for only a few weeks,
    > >
    > > You have 2 choices to answer: "yes, they are here and will apply for
    > > Adjustment of Status" or "yes, they are here but will NOT apply for
    > > Adjustment of Status".
    > >
    > > To decide what to answer, read below...starting "NOW.."
    > >
    > > >
    > > > From what I understand, the I-130 process takes 12-15 months, which
    > > > means my parents will be back in India when it is approved. As of now,
    > > > they plan to return to India by July/August 2004.
    > > >
    > > > Do I leave question 22 as "N/A"? If I were to indicate visa abroad
    > > > location as "Bombay, India", it falls under the "relative not eligible
    > > > for adjustment of status", which doesnt sound right to me in my case.
    > >
    > > Why wouldn't it sound right? You either choose to do adjustment of
    > > status or you don't choose to do it.
    > >
    > > >
    > > > (2) Do they need to file the I-485? If so, should we do it right away,
    > > > or at some future time?
    > >
    > > NOW....
    > >
    > > Are you aware that they can apply for I-485 (GC application) at the
    > > same time you file I-130 for them? Are you also aware that they can
    > > apply for Advanced Parole (use I-131 form) along with their I-485
    > > application, to travel outside US and be able to enter back when
    > > processing for I-130 9and I-485) is going on?
    > >
    > > That way, they can go out of US with Advanced Parole regardless of
    > > what's happening with processing of their I-485 (GC application) or
    > > your I-130 filing. But I doubt that they will get Advanced parole in a
    > > few weeks. So be prepared to stay her more than a few weeks.
    > >
    > > BTW, they must be on valid visa status to be elgible to get Advanced
    > > Parole. If necessary, extend their visit visa to another 6 months. If
    > > their visit visa still have plenty of time, they won't need to extend.
    > > AP should arrive in time.
    > >
    > > If you have a law school locally, they may have Immigration Help
    > > center to provide you with suggestions whether you would need to
    > > extend their visit visa if it expires while waiting to receive
    > > Advanced Parole.
    > >
    > > With Advanced Parole, they have to enter US back before it expires in
    > > order to be able to continue to do adjustment of status. Usually AP
    > > has one year validity, about the same time it takes processing of
    > > I-130.
    > >
    > > AP can be renewd/reapply but if get GC interview and GC is approved,
    > > what is applied would be called (using the same I-131 form) would be
    > > Travel Document. In essence, both AP and TD are travel permit.
    > >
    > > If they don't want enter back within one year using AP, you can inform
    > > to change from wanting to do Adjustment of Status to Consular
    > > Processing. Then they can just waiit to get immigrant visa in Bombay
    > > and then enetr US, get GC stamp upon arrival to US.
    > >
    > > Read at http://uscis.gov

Gunjan Bhow

thanks for the detailed message Amanda.

I should have mentioned that my parents already have a tourist visa
that doesn't expire until 2007. So we don't have to worry about
applying for a new visa. I was, however, concerned about them entering
the US on a tourist visa AFTER I have filed an I-130 for them.

I also noticed on the USCIS web site that the california service
center is processing I-130s with receipt dates in June-03, so it is
safe for me to assume that a new application filed now would not be
approved before my parents leave the US in August for India.

So here is where I stand:

(1) I file an I-130 for each of my parents. I answer on question 22
that they will apply for consular processing in India. I therfore do
not file I-485.

If all goes to plan, I assume they will get the approval notice in
India and get permanent residency. They will then be able to enter the
US as permanent residents.

However, what if they want to visit the US while the I-130 is pending?
Can they do so using their existing tourist visa? Will it be a
violation to enter the US on a tourist visa when an immigrant petition
has been filed on their behalf? Your message below seems to indicate
that there might be some difficulty in getting a new tourist visa, but
I've heard mixed messages on travel using an existing visa.

thanks in advance for any help.

(Amanda) wrote in message news:<>...
    > (Gunjan Bhow) wrote in message news:<>...
    > > Thanks Amanda for the reply. I guess my basic dilemma is the
    > > following. Assume the following sequence of events:
    > >
    > > (1) I file the I-130 for each of my parents. I indicate on question 22
    > > that my parents will adjust status in Bombay, India. I do no file
    > > I-485 at this point.
    >
    > Adjustment of status can be done only inside US. Adjusting form
    > non-immigarnt status to immigrant status.
    >
    > Outside, US, it is called Consular processing.
    >
    >
    > > (2) My parents return to India in a few weeks.
    > >
    > > Now, consider the scenario where their I-130 petition hasn't been
    > > approved yet (it is in processing), and they want to visit the US on
    > > their current visitor visa. Will it be a violation to do so? Do they
    > > have to wait until the I-130 is approved and they are asked to appear
    > > (in India) for the adjustment of status?
    >
    > To get visit visa while I-130 is pending would be tough but in this
    > forum, I heard some parents getting it.
    >
    > If they are definitely going back to India soon after current visit,
    > my suggestion is to file I-130 only and then over there, try to get
    > visit visa if they want to visit while I-130 is pending. If they
    > don't get it, they just wait for immigarnt visa.
    >
    > If they do not have to return to India so quickly now, file I-130 and
    > I-485, and ALSO travel permit (Advanced Parole) *the same time* and
    > wait inside till they get Advanced Parole which they can use to travel
    > outside US and come back to US within a year (see expiration date of
    > AP). By that time, it might be the time for heir Adjustment of Status
    > interview anyway. They can enter US and adjust the status then.
    >
    > >
    > > In other words, is their visitor (non-immigrant) visa no longer valid
    > > as soon as I apply an I-130 on their behalf? Is this similar to the
    > > H-1 visa becoming invalid as soon as adjustment is filed for the green
    > > card (based on employment)?
    >
    > I-130 is different from adjustment of status which use I-485. You are
    > comparing apples and oranges.
    >
    > Non-immigarnt status is not affected (if they are inside) by your
    > filing I-130 but once they leave US, and you have I-130 filed, it
    > might be hard for them to get visit visa again but like I said, some
    > people still get it. It might just depend on the consular. My opinion
    > is that consular's understanding of a culture where older parents are
    > taken care of by their adult children may play a role.
    >
    >
    >
    > >
    > > Thanks,
    > >
    > > (Amanda) wrote in message news:<>...
    > > > (Gunjan Bhow) wrote in message news:<>...
    > > > > Hello:
    > > > >
    > > > > I am a Naturalized US Citizen living in San Jose, California area.
    > > > >
    > > > > I am about to submit the I-130 petitions for U.S. permanent residency
    > > > > for each of my parents who are citizens of India.
    > > > >
    > > > > My parents are currently in the US visiting me for a few weeks.
    > > >
    > > > If they are here for only a few weeks, ... see below.
    > > >
    > > > >
    > > > > So I have two questions:
    > > > >
    > > > > (1) What do I indicate on question 22 of the I-130 form?
    > > > >
    > > > > Here's how the question reads: Complete the information below if your
    > > > > relative is in the United States and will apply for adjustment of
    > > > > status.
    > > >
    > > > If they are here for only a few weeks,
    > > >
    > > > You have 2 choices to answer: "yes, they are here and will apply for
    > > > Adjustment of Status" or "yes, they are here but will NOT apply for
    > > > Adjustment of Status".
    > > >
    > > > To decide what to answer, read below...starting "NOW.."
    > > >
    > > > >
    > > > > From what I understand, the I-130 process takes 12-15 months, which
    > > > > means my parents will be back in India when it is approved. As of now,
    > > > > they plan to return to India by July/August 2004.
    > > > >
    > > > > Do I leave question 22 as "N/A"? If I were to indicate visa abroad
    > > > > location as "Bombay, India", it falls under the "relative not eligible
    > > > > for adjustment of status", which doesnt sound right to me in my case.
    > > >
    > > > Why wouldn't it sound right? You either choose to do adjustment of
    > > > status or you don't choose to do it.
    > > >
    > > > >
    > > > > (2) Do they need to file the I-485? If so, should we do it right away,
    > > > > or at some future time?
    > > >
    > > > NOW....
    > > >
    > > > Are you aware that they can apply for I-485 (GC application) at the
    > > > same time you file I-130 for them? Are you also aware that they can
    > > > apply for Advanced Parole (use I-131 form) along with their I-485
    > > > application, to travel outside US and be able to enter back when
    > > > processing for I-130 9and I-485) is going on?
    > > >
    > > > That way, they can go out of US with Advanced Parole regardless of
    > > > what's happening with processing of their I-485 (GC application) or
    > > > your I-130 filing. But I doubt that they will get Advanced parole in a
    > > > few weeks. So be prepared to stay her more than a few weeks.
    > > >
    > > > BTW, they must be on valid visa status to be elgible to get Advanced
    > > > Parole. If necessary, extend their visit visa to another 6 months. If
    > > > their visit visa still have plenty of time, they won't need to extend.
    > > > AP should arrive in time.
    > > >
    > > > If you have a law school locally, they may have Immigration Help
    > > > center to provide you with suggestions whether you would need to
    > > > extend their visit visa if it expires while waiting to receive
    > > > Advanced Parole.
    > > >
    > > > With Advanced Parole, they have to enter US back before it expires in
    > > > order to be able to continue to do adjustment of status. Usually AP
    > > > has one year validity, about the same time it takes processing of
    > > > I-130.
    > > >
    > > > AP can be renewd/reapply but if get GC interview and GC is approved,
    > > > what is applied would be called (using the same I-131 form) would be
    > > > Travel Document. In essence, both AP and TD are travel permit.
    > > >
    > > > If they don't want enter back within one year using AP, you can inform
    > > > to change from wanting to do Adjustment of Status to Consular
    > > > Processing. Then they can just waiit to get immigrant visa in Bombay
    > > > and then enetr US, get GC stamp upon arrival to US.
    > > >
    > > > Read at http://uscis.gov

Sylvia Ottemoeller

"Gunjan Bhow" <> wrote in message
news:...

    > I should have mentioned that my parents already have a tourist visa
    > that doesn't expire until 2007. So we don't have to worry about
    > applying for a new visa. I was, however, concerned about them entering
    > the US on a tourist visa AFTER I have filed an I-130 for them.
    > I also noticed on the USCIS web site that the california service
    > center is processing I-130s with receipt dates in June-03, so it is
    > safe for me to assume that a new application filed now would not be
    > approved before my parents leave the US in August for India.
    > So here is where I stand:
    > (1) I file an I-130 for each of my parents. I answer on question 22
    > that they will apply for consular processing in India. I therfore do
    > not file I-485.
    > If all goes to plan, I assume they will get the approval notice in
    > India and get permanent residency. They will then be able to enter the
    > US as permanent residents.
    > However, what if they want to visit the US while the I-130 is pending?
    > Can they do so using their existing tourist visa?

They are eligible to come to a U.S. port of entry, and ask to enter the U.S.
There is no guarantee that they will succeed in entering.

Will it be a
    > violation to enter the US on a tourist visa when an immigrant petition
    > has been filed on their behalf?

No, it is not a violation if they really intend to leave the U.S. after a
short visit.

Your message below seems to indicate
    > that there might be some difficulty in getting a new tourist visa, but
    > I've heard mixed messages on travel using an existing visa.

They may have difficulty entering the U.S. and getting B-2 *status,* even
though they have a valid B-2 visa.* The immigration officer may not believe
that they intend to stay in the U.S. only temporarily.

    > (Amanda) wrote in message
news:<>...

    > > (Gunjan Bhow) wrote in message
news:<>...

    > > > Thanks Amanda for the reply. I guess my basic dilemma is the
    > > > following. Assume the following sequence of events:

[snip]

    > > > (2) My parents return to India in a few weeks.
    > > >
    > > > Now, consider the scenario where their I-130 petition hasn't been
    > > > approved yet (it is in processing), and they want to visit the US on
    > > > their current visitor visa. Will it be a violation to do so? Do they
    > > > have to wait until the I-130 is approved and they are asked to appear
    > > > (in India) for the adjustment of status?
    > >
    > > To get visit visa while I-130 is pending would be tough but in this
    > > forum, I heard some parents getting it.
    > >
    > > If they are definitely going back to India soon after current visit,
    > > my suggestion is to file I-130 only and then over there, try to get
    > > visit visa if they want to visit while I-130 is pending. If they
    > > don't get it, they just wait for immigarnt visa.

[snip]

    > > > In other words, is their visitor (non-immigrant) visa no longer valid
    > > > as soon as I apply an I-130 on their behalf?

The visa remains valid. The mere filing of Form I-130 does not cancel it.

They are free to *try* to enter the U.S. However, there is a risk of
refusal. The only way to find out for sure is to try.