Family-Based Immigration Eligibility and Filing Requirements

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding family-based immigration, or what the Trump Administration has labeled “chain migration”.

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[help_ks]

I am a US citizen and want to petition (form I-130) for permanent residence status -  for my parents currently in India and Indian citizens.

They have been using their B2 visa for last 10 years coming here and going back without trouble. They plan on visiting US again in July 2018 and stay in the US for a maximum of 6 months as per B2 visa rules.

Is is advisable to submit I-130 now, or wait till they arrive? Will it impact their entry into the US with a pending I-130 under review?

And should one go for Adjustment of Status (AOS) or Consular Processing (CP) ?

Thanks!

[H1IndianImmigrant]

I am on H-1B with a valid I-797 until 2020 but my visa stamping was ended this September(2017). I got married to an US citizen recently. We are filing for my green card through family based immigration. After we submit our case,is my status to be changed to "pending" until it is processed. Will I be able to continue to work  in my current job with my H-1B visa ? Is it advisable for me to travel to India before we apply or during the processing. If I travel, should I go to visa stamping with my current H1-B ? Please advice.

Thanks in Advance.

[Attorney_22]

On 2/8/2018 at 6:13 PM, help_ks said:

I am a US citizen and want to petition (form I-130) for permanent residence status -  for my parents currently in India and Indian citizens.

They have been using their B2 visa for last 10 years coming here and going back without trouble. They plan on visiting US again in July 2018 and stay in the US for a maximum of 6 months as per B2 visa rules.

Is is advisable to submit I-130 now, or wait till they arrive? Will it impact their entry into the US with a pending I-130 under review?

And should one go for Adjustment of Status (AOS) or Consular Processing (CP) ?

Thanks!

You should call our office to discuss the best strategy for them. However, it is important to be aware the B2 has strict non-immigrant intent and therefore there are aspects of the process you need to consider regarding your parent's intent. 

[Attorney_22]

On 2/8/2018 at 11:35 PM, H1IndianImmigrant said:

I am on H-1B with a valid I-797 until 2020 but my visa stamping was ended this September(2017). I got married to an US citizen recently. We are filing for my green card through family based immigration. After we submit our case,is my status to be changed to "pending" until it is processed. Will I be able to continue to work  in my current job with my H-1B visa ? Is it advisable for me to travel to India before we apply or during the processing. If I travel, should I go to visa stamping with my current H1-B ? Please advice.

Thanks in Advance.

Due to the complex issues involved and your personal goals and circumstances, it is best to schedule a consult with one of our attorneys. 

[shagan1]

Hello,

I am sponsoring my 75 year old mother for green card.  I have some questions related to that.
Here are my details
Package Sent to USCIS: 01/17/2018 >> i130, i485, i864 
Package delivered: 01/22/2018 
Package sent back to me : 01/29/2018 >> entire package was sent back cuz biometrics fee was not included
Resent package to USCIS: 02/05/2018 
USCIS recieve date : 2/8/2018
2 Text messaged received: 02/20/2018 
Notice I-797 received 02/26/2018 

Question 1: what are the next steps - are there any other mandatory forms i need to send other than what i have already sent? 
Question 2: what is the anticipated timeline? what to expect? 
Question 3: When should i start the process for i693?

Thank you

[Attorney_22]

On 3/1/2018 at 3:50 PM, shagan1 said:

Hello,

I am sponsoring my 75 year old mother for green card.  I have some questions related to that.
Here are my details
Package Sent to USCIS: 01/17/2018 >> i130, i485, i864 
Package delivered: 01/22/2018 
Package sent back to me : 01/29/2018 >> entire package was sent back cuz biometrics fee was not included
Resent package to USCIS: 02/05/2018 
USCIS recieve date : 2/8/2018
2 Text messaged received: 02/20/2018 
Notice I-797 received 02/26/2018 

Question 1: what are the next steps - are there any other mandatory forms i need to send other than what i have already sent? 
Question 2: what is the anticipated timeline? what to expect? 
Question 3: When should i start the process for i693?

Thank you

You should call our office to discuss the specifics, but general processing time is nine to twelve months and you will most likely receive an RFE for the I-693, or your mother will be requested to bring it to the interview.