I-130 and I-485 Filing Concurrently with I-94 Expired
I would like to apply GC for my mother. However her I-94 expired in April this year. She is still with me in US now. I am a US citizen. I have the following questions:
1. Can I apply I-130 and I-485 concurrently for her?
2. Can I apply I-130 for her?
3. Can I apply I-485 for her now?
4. Are there anything that we have to do if we cant file I-485 for her now? File I-130, wait for approval. Then file I-485? Are there anything that we have to do to adjust her status? Any fine fee?
5. If she can file I-485 now, which Application Type should I choose? Should I chose a. or h?
On the I-485 Form, Part 2 Application Type: I am applying for an adjustment to permanent resident status because:
a. An immigrant petition giving me an immediate visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigration juvenile, or special immigration military visa petition filed with this application that will give you an immediately available visa number, if approved.)
h. Other basis of eligibility. Explain...
6. On the I-485 instructions, under Who May File Form I-485? 1. Based on an immigrant petition. You may apply to adjust your status if B. You are filing this application with a completed relative petition, ..., which if approved, would make an immigrant visa number immediately available to you. What does "completed relative petition" means?
7. Can she use Advanced Parole if we apply it for her?
Thank you very much for your help.
Jim
I have answered each question in capitals at the side..hope this helps
I would like to apply GC for my mother. However her I-94 expired in April this year. She is still with me in US now. I am a US citizen. I have the following questions:
1. Can I apply I-130 and I-485 concurrently for her? YES ...this is what you should do
2. Can I apply I-130 for her? YES
3. Can I apply I-485 for her now? YES
4. Are there anything that we have to do if we cant file I-485 for her now? File I-130, wait for approval. Then file I-485? Are there anything that we have to do to adjust her status? Any fine fee? ----- NO EXTRA FEES NEEDED
5. If she can file I-485 now, which Application Type should I choose? Should I chose a. or h? ------ A
On the I-485 Form, Part 2 Application Type: I am applying for an adjustment to permanent resident status because:
a. An immigrant petition giving me an immediate visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigration juvenile, or special immigration military visa petition filed with this application that will give you an immediately available visa number, if approved.)
h. Other basis of eligibility. Explain...
6. On the I-485 instructions, under Who May File Form I-485? 1. Based on an immigrant petition. You may apply to adjust your status if B. You are filing this application with a completed relative petition, ..., which if approved, would make an immigrant visa number immediately available to you. What does "completed relative petition" means? -----THIS RELATES TO THE I130
7. Can she use Advanced Parole if we apply it for her? .....IF SHE HAS BEEN OUT OF STATUS MORE THAN 183 DAYS SHE SHOULD NOT LEAVE THE USA UNTIL GREEN CARD IS RECEIVED, EVEN WITH ADVANCE PAROLE.
Thank you very much for your help.
Jim
Thank you very much. We appreciate that.
Jim