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bringing parents to USA

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lestmary

Junior Member
What is the name of your state (only U.S. law)? Georgia


We just got approval notice for I 130 for my parents and brother . They are currently in South Africa . Do they come to the USA with this visa then apply for the I485 or do they do all the paperwork over there before coming to the USA?
 


ImmigAttyLana

Senior Member
The I-130 for parents of US citizen is VERY different from I-130 for a brother of US citizen. Your parents will be able to consular process for their immigrant visas in their home country (at the US COnsulate) shortly (as soon as they get notified and you are notified by the National Visa Center and the next set of forms and fees are paid) but your brother will have to wait for a priority date to become current and that will most likely be many many years (unless he can qualify for humanitarian parole)
 

lestmary

Junior Member
Thanks Lana .

Should we have applied for the I 485 at the same time as we did for the I 130 ? The other question is can they work in the US on some work permit until they get the green card.
 

ImmigAttyLana

Senior Member
Are they already in the US? They can only have applied for I-485 if they were physically present in the US. Otherwise they have to go through consular processing. Once they go through consular processing and get their immigrant visas and enter the US, they ARE permanent residents and can work.
 

evcalyptos

Senior Member
What is the name of your state (only U.S. law)? Georgia


We just got approval notice for I 130 for my parents and brother . They are currently in South Africa . Do they come to the USA with this visa then apply for the I485 or do they do all the paperwork over there before coming to the USA?
I-130 is not a visa, it is the petition you filed to show the relationship between yourself and them, which makes them eligible to APPLY for a visa.

Your petition will be sent to the National Visa Center in NH, you will send money and documents there, and eventually they will interview in Jo-berg for their visas.
THEN they will come to the US. The I-485 is nothing to do with their cases.

Like Lana said, the brother may have to wait for a visa number to be available for him.
 

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