I-130 needed?

[aniakula]

What is the name of your state? CA

Hi,

My husband has recently become a US citizen. His mom is here now in the US visiting on a Tourist Visa that is valid for 10-years. My question is now we want her to become a US perm. resident and I need to get clarification on what paperwork to submit. Since she has a US visa does he still need to fill out a I-130 form? Or just the I-485?

Likewise his dad has applied for a tourist visa at the US embassy in POland and has been denied already twice. Now since my husband is a US citizen can he sumbit a I-130 for his dad so he can visit his grandchildren? We do not want a Green card for him just a visa so me can meet his grandchildren.

Thank you.
Anna

 

[evcalyptos]

What is the name of your state? CA

Hi,

My husband has recently become a US citizen. His mom is here now in the US visiting on a Tourist Visa that is valid for 10-years. My question is now we want her to become a US perm. resident and I need to get clarification on what paperwork to submit. Since she has a US visa does he still need to fill out a I-130 form? Or just the I-485?

Likewise his dad has applied for a tourist visa at the US embassy in POland and has been denied already twice. Now since my husband is a US citizen can he sumbit a I-130 for his dad so he can visit his grandchildren? We do not want a Green card for him just a visa so me can meet his grandchildren.

Thank you.
Anna

Parents need to be petitioned, just like anyone else. See 'How Do I Bring My Parents to Live in the United States?' at uscis.gov
I-130 is the petition, and is required if Mom wants to apply for Permanent Residency. Her visa is to VISIT the US, not immigrate.

The I-130 is to lead to a Green Card, and will not help Dad get a visitor's visa. It sounds as if the Consulate thinks he will immigrate, so Dad should do what he can to show that he will return home if he re-applies for a visitor's visa.

 

[aniakula]

More questions

I see. Ok. Thank you. a few more questions.

Regarding my father I doubt the consult will apporve the Tourist Visa due to past experiances and even though he showed all approproate paperwork, we doubt he would get a Vistor's visa. However, do you think it would help him if to get it since NOW his son is a US citizen? Or should we just apply for a I-130 and then a green card? He will not be able to travel on the I-130 right?

Next, regarding my mother. She is currently here visiting us and according to her I-94 is due to leave by 3/6/08, however, when we send the I-130 and I-485 paperwork can she stay longer or would she be considered "illegal" status? If she leave prior to her I-94 date and we fill paperwork but is takes a while to approve can she leave and come back on the Tourist Visa? Or should she stay in the US until all the paperwork goes through, which can be a while?

Thank you in advance for your attention in the matter.
Anna.

 

[evcalyptos]

I see. Ok. Thank you. a few more questions.

Regarding my father I doubt the consult will apporve the Tourist Visa due to past experiances and even though he showed all approproate paperwork, we doubt he would get a Vistor's visa. However, do you think it would help him if to get it since NOW his son is a US citizen? Or should we just apply for a I-130 and then a green card? He will not be able to travel on the I-130 right?

Next, regarding my mother. She is currently here visiting us and according to her I-94 is due to leave by 3/6/08, however, when we send the I-130 and I-485 paperwork can she stay longer or would she be considered "illegal" status? If she leave prior to her I-94 date and we fill paperwork but is takes a while to approve can she leave and come back on the Tourist Visa? Or should she stay in the US until all the paperwork goes through, which can be a while?

Thank you in advance for your attention in the matter.
Anna.

Father may have to make a choice.. unfortunately, he is not alone with this. A lot of people go to the trouble and expense of getting an Immigrant Visa (Green Card, ultimately) as the parent of a US citizen simply because they want to visit. Because of the rules regarding Permanent Residency, this isn't always a practical way to get a visitor's visa. Since you allude to past problems and don't mention the country, it's hard to give you any ideas on how to best get him a visitor's visa. This might be a research project for you.

Once Mother's I-130 and I-485 have been accepted by USCIS (evidenced by an I-797 Notice of Receipt), she is in a new temporary status: 'pending AOS' and doesn't have to leave until her case is decided.
If she wants to travel or work before she gets her Green Card, she will need specific permissions.. she can't leave the US while her I-485 is pending UNLESS she gets a document called Advance Parole or her case will be considered abandoned.

 

[aniakula]

Thank you for all this helpful information. The country we are discussing is Poland. Now I know my options.

Once again, Thank you.
Anna

 

[evcalyptos]

Thank you for all this helpful information. The country we are discussing is Poland. Now I know my options.

Once again, Thank you.
Anna

ooops, I did see that you'd said Poland before! Good luck