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This week, Murthy Law Firm attorneys will answer questions the form I-130, petition for alien relative process.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.

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I applied for my mother’s I130 extension in April a bit earlier than the 45 day mark before intended departure (considering USCIS offices are presently closed). Her departure was supposed to be June end although she has her I94 till July end. Since all flights were cancelled effective immediately to India I did not submit any return ticket as proof of return. Moreover we aren’t sure what the immediate future looks like given the viral situation. However, the documents sent included bank statements of son/mine which has ample proof of financial support and proof of address of stay as well. The application letter also is explicit stating the reason is because of COVID 19. Please confirm if this is OK and if she can stay here with me even after July I94 expiry date since she already has the renewal receipt from USCIS? 

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Dad got approved his greencard from his father last year. He is 45 years old. In his DS260, he added his 2 children from divorced marriage and wriote they would join him in the future immigrate to america. How can he apply for them to join his petition or does he need to apply for an I130 for his kids from scratch? We are are 17 and 19.  Please confirm what the correct process is? Also what does ambassy ask to see with divorced kids from our mum?  

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On 5/14/2020 at 9:30 PM, Perseverance317 said:

I applied for my mother’s I130 extension in April a bit earlier than the 45 day mark before intended departure (considering USCIS offices are presently closed). Her departure was supposed to be June end although she has her I94 till July end. Since all flights were cancelled effective immediately to India I did not submit any return ticket as proof of return. Moreover we aren’t sure what the immediate future looks like given the viral situation. However, the documents sent included bank statements of son/mine which has ample proof of financial support and proof of address of stay as well. The application letter also is explicit stating the reason is because of COVID 19. Please confirm if this is OK and if she can stay here with me even after July I94 expiry date since she already has the renewal receipt from USCIS? 

Since you are looking for legal advise regarding your particular case, it is advisable to call our office to discuss this in detail. Moreover, based on the facts described above, I strongly advise you speak with an immigration attorney as soon as possible to make sure you have not missed any vital requirements of the filing based on your desired outcome. 

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On 5/15/2020 at 3:17 AM, Dalz78 said:

Dad got approved his greencard from his father last year. He is 45 years old. In his DS260, he added his 2 children from divorced marriage and wriote they would join him in the future immigrate to america. How can he apply for them to join his petition or does he need to apply for an I130 for his kids from scratch? We are are 17 and 19.  Please confirm what the correct process is? Also what does ambassy ask to see with divorced kids from our mum?  

Generally, a family-based preference petition allows for derivative beneficiaries. However, the logistics of doing so can change based on the circumstances of the family and where you are in the process. Accordingly, it is advisable to speak to an immigration attorney knowledgeable in this area.

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My mother in law had her immigrant interview scheduled in January in Mumbai, India. The interview was successful and she was granted a 6-month visa to travel to the States and apply for family based green-card. She applied as a parent of a US citizen. Her temporary visa is valid till July 18th 2020. 

Due to Indian government ban of departure of flights from India, this ban is extended till June 30. after june 30, there are only 18 days left for her to travel to states. 

My question is: if indian government does not allow any international flights to depart from india by the time July 18th... what are the options for us? 

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