Status adjustment I-485

[ItalianoParkour]

Hi,

My spouse who recently became US citizen wants to have her parents permanently stay here in US with us. They're currently here on B1/B2 visa and have a flight back on AUG 7th.

For them to do a quick status adjustment, do they have to file just I-485 since their daughter is US citizen now, or do they have to file any other docs, because in my USCIS I don't see file I-485 but I see I-539, so I am a little bit confused about that.

[Randy W]

Your wife will need to file an I-130 Petition for Alien Relative, as they will be unable to adjust from their B1/B2.

 

This will start up a whole new case, separate from their current B1/B2 status.

[Randy W]

from USCIS

Bringing Parents to Live in the United States as Permanent Residents

If your parent is currently in the United States, he or she may be eligible to file Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time as you file Form I-130. For additional information on how to file this application, see the How Do I Guides.

 

[newacct]

They can file I-130 and I-485 at the same time for Adjustment of Status in the US. But they would have to abandon the plan to leave the US and plan on staying in the US for months, as leaving while I-485 is pending automatically abandons their I-485 unless they've been granted Advance Parole before leaving. They can file I-765 for EAD and I-131 for Advance Parole, both for free, together with their I-485, but these days it can take up to half a year to get the EAD/AP. Each for has many required supporting forms and documents; make sure to read each form's instructions.

 

If they don't want to do Adjustment of Status in the US, they would do Consular Processing abroad, in which case you would just file I-130 initially.

 

as they will be unable to adjust from their B1/B2.

Not true. They can adjust from B1 or B2 status.

 

 

RJW - I-485 is based on the I-130

Edited July 17, 2019 by Randy W (see edit history)

[fluffyballs]

They can file I-130 and I-485 at the same time for Adjustment of Status in the US. But they would have to abandon the plan to leave the US and plan on staying in the US for months, as leaving while I-485 is pending automatically abandons their I-485 unless they've been granted Advance Parole before leaving. They can file I-765 for EAD and I-131 for Advance Parole, both for free, together with their I-485, but these days it can take up to half a year to get the EAD/AP. Each for has many required supporting forms and documents; make sure to read each form's instructions.

 

If they don't want to do Adjustment of Status in the US, they would do Consular Processing abroad, in which case you would just file I-130 initially.

 

as they will be unable to adjust from their B1/B2.

Not true. They can adjust from B1 or B2 status.

 

There are people waiting over 8 months for advance parole. It's insane how much the process has slowed down.

 

Hi,

 

My spouse who recently became US citizen wants to have her parents permanently stay here in US with us. They're currently here on B1/B2 visa and have a flight back on AUG 7th.

 

For them to do a quick status adjustment, do they have to file just I-485 since their daughter is US citizen now, or do they have to file any other docs, because in my USCIS I don't see file I-485 but I see I-539, so I am a little bit confused about that.

 

Be sure to check the current I-485 processing times.... most offices are around 1 year for the I-485, with some of the busier offices (eg Seattle, SF, NY) taking 18-24 months to complete AOS due to the massive interview backlog.

Edited July 16, 2019 by fluffyballs (see edit history)

[ItalianoParkour]

got it, thank you all for the kind response, I highly appreciate it. At least I feel happy now that my mother in law can stay here with her grandchild and help us taking care of it .

[Randy W]

They can file I-130 and I-485 at the same time for Adjustment of Status in the US. But they would have to abandon the plan to leave the US and plan on staying in the US for months, as leaving while I-485 is pending automatically abandons their I-485 unless they've been granted Advance Parole before leaving. They can file I-765 for EAD and I-131 for Advance Parole, both for free, together with their I-485, but these days it can take up to half a year to get the EAD/AP. Each for has many required supporting forms and documents; make sure to read each form's instructions.

 

If they don't want to do Adjustment of Status in the US, they would do Consular Processing abroad, in which case you would just file I-130 initially.

 

as they will be unable to adjust from their B1/B2.

Not true. They can adjust from B1 or B2 status.

 

 

Not true - You can file an I-485 while present on a tourist visa, but a Family-based I-485 MUST be based on an I-130, K-1/K-2, or I-360, NOT a visitor's visa.