GC application for parent of US citizen - current timing

[Pedro Gonzales]

My brother, a US citizen recently applied for my parents' GC. My parents are currently in the US on a B1-B2 visa. He sent in the following documents: I130, I145(AOS), I864 (affidavit of support for them), G325A (biographical information of my parents), I693 (medical check up), along with all photographs and supporting documents. I have the following questions.

a) Timing:

Does anyone know how long it is taking recently for the I130/I-485 approvals? Friends (and folks on this board) who did the same thing in 2009 and early 2010 have claimed 3.5 months. Does that still hold?

b) Birth Certificates:

My parents were born in small towns in pre-independence India and never had birth certificates issued, and my brother's birth certificate has been lost. They submitted two birth affidavits for each from relatives that were at least 10 years older. Is that sufficient, or do they still need to try and get copies of the birth certificates / non-availability certificates from India?

The Indian Consulate's website in SFO seems to indicate that it would provide birth certificates for my parents. Has anyone here done that successfully, and would that be sufficient?

My brother does not have that option since he is now a US Citizen. Would the Indian consulate respond to a former citizen's requests based on his old passport?

c) Risk of denial:

I have read on this forum that there may be some risk of denial since my parents came into the US on their B1-B2 visa which may be construed as being fraudulent since they now have an intent to immigrate. How many people here have been in this situation and been denied / been approved?

The fact is that they did not have an intent to immigrate when they came here in September, mainly because of the tax implications to them (they currently receive tax free income from Dubai that is not taxable in India) and they have been persuaded after 3 months of constant effort. The only evidence we have of that is the fact that none of the documents were prepared when he came here (the effort to get their birth certificate reissued from India, and to get their birth affidavits from relatives is documented through emails and agent invoices). Not sure that it is necessarily concrete evidence.

Thanks in advance for your responses.

[Pedro Gonzales]

I was wondering if anyone had any comments on this. Also, I'm trying to bring this thread back up to the 'active' status.

My parents received their date for fingerprinting and retinal scan. The date is for a month from now. Does that have any bearing on how much longer the process is going to take? The notification says that the fingerprinting is related to the I485, so does that mean the I-130 has been processed already?

[Srinj79]

It usually takes about 2 months. I applied for my mother when she was here in Feb Last year. She got her fingerprints in 2 weeks, GC interview was scheduled 20 days after. She recived the GC in mail in April.

The processing was done through Chicago Lock box

Hope this info helps.

[alimary]

Hi Pedro ..

I am in the same boat, but i am going to apply for my mother. Can you give me some more details on the documents required in order to sponsor a parent.

Like your parents, she does not have a birth certificate.

All i know is that she needs to file I130 and I485 (AOS) togeter. What are the other documents that you have mentioned. what are they for? pls. give guidance.

Thanks

[Pedro Gonzales]

Originally posted by alimary:

Hi Pedro ..

I am in the same boat, but i am going to apply for my mother. Can you give me some more details on the documents required in order to sponsor a parent.

Like your parents, she does not have a birth certificate.

All i know is that she needs to file I130 and I485 (AOS) togeter. What are the other documents that you have mentioned. what are they for? pls. give guidance.

Thanks

The other documents were:

a) I864 which is affidavit of support for my parents (since they doesn't have assets in the US) - back up support will depend on what you have to support her with.

b) G325A which is biographical information (straightforward, just google it)

c) I693 which is the report of medical check up (your mother needs to go to an approved specialist for a check up and take certain vaccines as requested)

d) G-1145 authorizing the DHS to e-notify us upon petition receipt.

e) 2 photographs as described in the documentation

f) Checks in the name of dept of homeland security

g) copies of my brother's (sponsor's) birth certificate (we used affidavit's instead since he had lost it) and certificate of naturalization

h) copy of my brother's employment verification

i) copy of my parent's I-94 cards

j) copies of my parents' passport biography pages and US Visa pages

k) copies of parent's birth certificates (we used affidavit's instead, and we're getting copies of the Non-availability of birth certificate document for them both).

We didn't file the I-131 due to ignorance, and we would have if we could get a redo. It would have allowed my parents to leave the country in case of an emergency without abandoning the I 485 application.

[Pedro Gonzales]

My parents have received their green cards now, so I thought I'd send in our experience so it can help others who are in the same boat.

a) Timing:

Applied Jan 15 2011, Fingerprinting done Mar 1 (notice received early Feb 5); Mother's interview Apr 9th (notice received early Mar) followed by receipt of approval notice Apr 12, and green card on Apr 19; Father's interview conducted May 11, approval notice expected by May 13 and Green Card expected May 21st. The officer was surprised that my mother and father's green cards were processed separately and promised to expedite my father's process so that the cards are received soon. So my mother's process took just over 3 months, and my father's process will take a little over 4.

b) Birth Certificates:

My parents were born in small towns in pre-independence India and never had birth certificates issued, and my brother's birth certificate has been lost. They submitted two birth affidavits for each from relatives that were at least 10 years older than each. While waiting for the interview, they also engaged an agent in India to track down the non-availability of birth certificate documents from the respective panchayats. It was good we did this because we received an RFE asking for the same.

We also got the birth certificate from the Indian consulate but that was quite useless. It stated that "the date of birth per the passport is ... "

c) Risk of denial:

I have read on this forum that there may be some risk of denial since my parents came into the US on their B1-B2 visa which may be construed as being fraudulent since they now have an intent to immigrate. They were asked at the interview if they had an intent to immigrate when they came into the country, and they answered that they did not. We weren't asked for any other evidence.

One other question we were asked during my father's interview was to prove my brother's relationship to my father. They wanted to see some document other than the birth certificate. My brother had his marriage certificate with him that had my father's name on it, which satisfied the interviewer.

Hope this helps.

[alimary]

hi pedro,

did your parents require police reports?

did you send everything to the chicago lock box facility?

thanks

[Pedro Gonzales]

Originally posted by alimary:

hi pedro,

did your parents require police reports?

did you send everything to the chicago lock box facility?

thanks

No to police reports. Yes to lock box.

[dasarig]

Hi Pedro, Have you used lawyer in filing the GC for your parents or have you done by yourself?

Thanks in Advance

[Pedro Gonzales]

Originally posted by dasarig:

Hi Pedro, Have you used lawyer in filing the GC for your parents or have you done by yourself?

Thanks in Advance

Did not use a lawyer. There were sufficient resources available online, including this forum. It just takes a little time to read it all and fill up the forms. In fact, every question I had was already asked and answered on this forum.

[dasarig]

Hi Pedro, what option needs to be checked in part 2 while filling I-485 for parents green card. Thanks in advance