Question about late greencard file for parent
Hello Friends...
I am a US citizen and my parents has been in US since last 4.5 months. Their visitor visas are ending on Dec 26th 2010.
I need file for their green card and with Advanced parole. WIll be receiving medical by next wednesday for 485.
In another word, i will not be able to file before next Thursday, Nov 18.
Looking at the situation, can you please provide me any suggestion, if we can still file for their green card while they are in US or is it too late?
My understanding was that once you get 485 receipt you can stay here even after you visa is expired. But now I see some post saying it may take up to 6 weeks and i am getting worried. Should i file for their visa extension and then file for 130, 485 and advanced parole (thinking about filing everything together) or is there any other way?
or should i consult a lawyer, if so any suggestion is greatly appreciated
I am really panicked and any help will be a great help to us...... thank you in advance
Forget about the visa extension, they will cancel it anyway when the I-485 application come in.
Even if it takes a few weeks to get the I-485 receipt, it will be backdated to the day when USCIS received the I-485 application (or maybe a day or two after).
Go ahead and file the I-130, I-485, and everything else along with the medical.
Thank you Jackolantern for your prompt response......
What happens if we dont receive 485 receipt for next 5 weeks and their i-94 expires (last day 12-25).? Can they stay here after 12-25?
That is a great information........ then in my situation......... I should wait till I receive the medical and then file everything together.... next thursday.... Nov 18.
Do you know around how much time does it usually take to recevive 485 receipt?
Keep copies of filed I-130 and I-485 along with proof of USPS proof of delivery, once thats done forget about 12-25, they can stay over.
Just FYI Parents of USCs can adjust status even if they have overstayed their authorized stay by months or years.
It takes upto 3 weeks to get a 485 reciept.