about My parient Green card

[sidrizvi]

What is the name of your state? TX

Hi,
I applied Green card for my Parents from Houston,tx on Oct-2016 ,I send both form i130 and i485 together but now still waiting no reply from USCIS its about 2.5 years.
My parents are old about 80+ age and want to go back my home country Pakistan ,My question is how can I transfer their case in NVC and withdraw I 485?
what form and fees we need to summit for transfer their case to NVC(USA Empassy Islamabad)?
Thanks
Syed

 

[FlyingRon]

I'm going to assume you are a US citizen (green card holders can't sponsor parents).
Where are your parents now? I'm confused about your use of I-485 at this point. And just where did you file the application if not to the NVC (which is not at any embassy, it's in New Hampshire).
I think you better have an immigration attorney look at what you're doing.

 

[Mass_Shyster]

It should not take 2.5 years for a petition to be processed for the parent of a US Citizen. Something is wrong.

Did you get an I-797 (Notice of Action)? That should have been mailed immediately upon receipt of the petition. If so, look for the case number and check your case status online.

If you did not get an I-797, you need to check to see of the check was cashed.

I'm going to guess that your parents came here as tourists and never left. If so, they have overstayed their visas. If they leave now, they are looking at a ten year bar of inadmissibility.

The last petition I filed for for the parent of a US Citizen took 9 months from the time I mailed the applications until the parent received the green card.

 

[NeilTheCop]

I'm confused.
You say you applied for green cards for your parents because they want to go home to Pakistan.
They don't need a green card to go home, just a plane ticket.
Or am I missing something?

 

[FlyingRon]

Well I think he wants to keep their residency application alive.

However, there are a lot of gaps here. There's no way you can adjust status to permanent resident while they are here in the US via a I-485.
Further, he seems confused about where the I-130 should be submitted. I suspect, reading between the lines, that he mailed in the forms and a check to some incorrect location and they're languishing because it was not done correctly and nobody has figured out enough to return them to him.

 

[NeilTheCop]

There is also the possibility of renewed scrutiny on the application after the Presidents pledge to end chain migration.

 

[FlyingRon]

There is also the possibility of renewed scrutiny on the application after the Presidents pledge to end chain migration.

There's no "chain" migration for parents. You have to be a US CItizen to bring parents in. Nothing in his post makes sense.
He claims to have sent an I-485 (spurious at best).
He says his parents are here (can't be done that way).
He claims he wants to change it to the NVC in Islamabad. There's one NVC and it's in NH and that's where he should have filed the application to begin with.
He hasn't come back to explain himself (or even to answer questions).

 

[not2cleverRed]

Is there a reason why OP can't file an I-131 for "Advance Parole"?

 

[FlyingRon]

I don't think he needs an advance parole. I think he's happy to have his parents sit back in the home country while they're waiting out their green card. I don't think they would qualify for advance parole to reenter anyhow.

He really needs to get himself to an attorney to figure out just what he's done so far and what he needs to do going forward. The whole thing doesn't make sense. If he had done things property as MassShyster pointed out, it should have been done already. I'm pretty sure he's not done something properly.

Further, I have more doubts. Green Cards aren't there to make visiting the US easy for foreign nationals. They're for those who intend to permanently reside in the US. If they intend to spend significant time out of the country, they may lose their status if they ever get it.

 

[not2cleverRed]

I'll admit it's been a while since anyone in our family has had to do this stuff, but Houston has been notoriously slow in the past.

If the parents leave without "Advance Parole", even if they did everything else correctly, they will have to start the green card process all over.

However, I suspect that you and MassShyster are correct. While it is possible to do what OP is attempting without a lawyer, it requires a lot of work and attention to detail. It is easier to write a doctoral dissertation.

 

[FlyingRon]

If the parents leave without "Advance Parole", even if they did everything else correctly, they will have to start the green card process all over.

I don't know why you are saying that. They can't do an "adjustment of status" to green card in this situation while here (which is part of the issue I expressed in my first post). They must be here on some (possibly overstayed) non-immigrant visa. They're not getting advanced parole to come back based on that.

 

[not2cleverRed]

I don't know why you are saying that. They can't do an "adjustment of status" to green card in this situation while here (which is part of the issue I expressed in my first post). They must be here on some (possibly overstayed) non-immigrant visa. They're not getting advanced parole to come back based on that.

That's an assumption. It may or may not be a correct assumption.

However, if they have an actual, legitimate, bone fide green card applications in the system that are pending, and they leave the US for Pakistan without getting the Form I-131 approved, the green card applications will be considered abandoned.

If, as you suspect, they have just overstayed a tourist visa and have no business being here at all, and their green card applications are not in the system, because OP has royally botched things, then if they leave the US for Pakistan, they will likely be barred for reentry for 10 years - that is the usual consequence for overstaying a visa, is it not?

 

[FlyingRon]

They can not get bona fide green card applications filed using the "parent of a us citizen over 21" filed in the US. This is what is confusing.

 

[not2cleverRed]

It should not take 2.5 years for a petition to be processed for the parent of a US Citizen. Something is wrong.

Did you get an I-797 (Notice of Action)? That should have been mailed immediately upon receipt of the petition. If so, look for the case number and check your case status online.

If you did not get an I-797, you need to check to see of the check was cashed.

I'm going to guess that your parents came here as tourists and never left. If so, they have overstayed their visas. If they leave now, they are looking at a ten year bar of inadmissibility.

The last petition I filed for for the parent of a US Citizen took 9 months from the time I mailed the applications until the parent received the green card.

From https://egov.uscis.gov/processing-times/ the processing time for an I-485 at the Houston office is 21.5 to 34 months.

For Boston, it is 7.5 to 12 months, which is in line with your experience.

I agree that they should have received a receipt by now. OP should check the case status.

 

[Mass_Shyster]

From https://egov.uscis.gov/processing-times/ the processing time for an I-485 at the Houston office is 21.5 to 34 months.

For Boston, it is 7.5 to 12 months, which is in line with your experience.

I agree that they should have received a receipt by now. OP should check the case status.

A concurrent filing (I-130 and I-485) goes to the Chicago Lockbox. Same place I file them.