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Posted by Tatiana B. Durbak on May 02, 2002 at 20:20:38:
In Reply to: Change of status questions posted by Galina on May 01, 2002 at 23:51:23:
: I have a couple of questions that I need answers to regarding the process of changing status from a visitors visa to permanent resident. My mother, who has been here since September 2001, would like to become a permanent resident. I understand that I must petition for her to become a naturalized citizen. Is it enough to file a relative visa petition, I-130, and does she need to fill out I-485 at the same time? While her application is pending, can she obtain a work permit? Is the work permit application submitted at the same time as the I-130? Is all this paperwork submitted at our local office, or should it be mailed to Nebraska? Other than these few questions, are there other instructions we need to know. And finally, are there any common complications or mistakes that we should know about?
: Thank you for time and consideration on this matter.
: Galina
Galina --
1. Only US citizens can petition for parents.
2. When someone files an I-130 ( a relative visa petition) on behalf of a relative, the person who is filing (the petitioner) is asking the INS to recognize the relative (the beneficiary) as the petitioner's relative. An approval of an I-130 does not give anyone the right to remain in the US. It only gives the relative the right to apply for a visa or for adjustment of status. There are specific regulations regarding when people may apply for adjustment of status or for a visa.
3. In the case of a parent of a US citizen, the following applies:
If the parent is in the US and if that parent came into the US with a visa, or was paroled, then the parent may file an I-485 (application for adjustment of status) at the same time that the petition (I-130) was filed. This is good, because getting a green card is faster if a person is able to apply for adjustment of status at the same time as the visa petition is filed.
4. When someone applies for adjustment of status, that person may apply at the same time for employment authorization. Depending on the office, the employment authorization may be granted on the same day, or it may take up to 90 day before the authorization is granted.
5. All of the paperwork should be filed at the local INS district or sub-district office.
6. All the forms should be filled out carefully and all of the instructions should be followed.
7. Supporting documents must be submitted to show proof of the relationship.
In most cases, US citizens and their parents have no problems in such cases.
Good luck.