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Citizen born in NY city, want to get US residency for my…

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I am USA citizen...

I am USA citizen born in NY city, want to get US residency for my dad. Submitted I-130 (July 7), I-485 pending to submit, my dad legal status in the USA expires on Dec 19 (per passport seal). He entered with a tourist VISA that expired last October. He is Venezuelan and no VISAS are given to Venezuela now. Questions: 1) Submission of I-485 requires legal status, if the submission is received by Immigration office before Dec 19, while he was still legal, but he becomes unlegal a few days after Immigration office receives his case, will they dismissed it? What are the implications? 2) My dad entered in late June, he needs to travel to Venezuela as his older sister is very ill and he needs to be there for her surgical procedure. I sent the I-131 last Sunday via Fedex should have been received this past Thursday by immigration office. When I sent this form, I did not know my brother (USA citizen that requested my dad with I-130) had not submitted the I-485. Given the short time before he becomes unlegal (Dec 19) and what we have already done, what is the best approach (fastest) that will allow my dad's entrance back to the USA if he leaves the country to take care of my aunt, especially given his VISA expired and Venezuelans are not given VISAs right now? How can we also make sure we don't lose the residency process we started?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

We have the I-130 receipt number, indicating his Alien number. But because my brother didnt submit the I485, I dont believe there is anything pending. the I-130 letter we receive said they were going to contact us. But they never did, so I called this week and found out my brother never submit the I485

Lawyer's Assistant: Have you talked to a lawyer yet?

No, I did all legal process for my husband, and kids. I thought my brother could do it, but he messed up, and I messed up not reviewing what he did. I am now willing to pay an attorney because time is crucial and I am a very busy person that have a demanding job.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ok\

Submitted: 4 months ago.Category: Immigration Law
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12/2/2017
Immigration Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Immigration Law
Satisfied Customers: 21,359
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Immigration Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

I am sorry to read about your difficulties

You need to submit the I-485 for him now and also attach a copy of the acknowledgement receipt for the I-130. Because parents of U.S.Citizens are not subject to quota, once his I-130 is approved, his Immigrant Visa would become available. So, his I-485 can be submitted at the same time as his I-130. Since this was done previously, it could be done now by immediately submitting the application with receipt notice for the I-130 to ensure that the I-485 is submitted while he is still in status. After the submission, his status would be that of an "adjustment applicant."

As for the I-131, you need to wait to get a response or request for additional evidence. In any event, he should not leave the country without getting approval on the I-131 because if he leaves without the approval, he would be considered as abandoning his I-485 application.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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