Hempstead, TX Immigration Law Firms & Lawyers

There is no requirement of how they long have to stay once they come in as immigrants. However, they cannot be outside the country for more than a year at a time. If they plan to live abroad for more than a year I would encourage them to get a travel permit which allows them to stay outside the country for 2 years.

Whether you can file for I-485 and I-765 once you have your I-130 petition approved depends upon whether there is immediate visa availability. If you are a child under the age of 21 and unmarried of a lawful permanent resident, you would generally be able to file for I- 485/I-765 if inspected and admitted or paroled and in addition have maintained status under the LPR sponsorship. However, if you are in the other categories, you would have to check the visa charts to see whether your priority date has been passed and the visa available in order that you can file. In checking the visa charts, you would also have to look at the USCIS acceptance chart to see whether it will accept either the “final action dates” or “filing dates” chart on the monthly visa bulletin for purposes of allowing adjustment of status filings. If able to file both forms, current processing time for I-485's is generally a little less than a year on a nationwide average and for I-765 3-6 months. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence

You should contact the National Visa Center to confirm whether they have received the approval from the USCIS. If not, call the USCIS number on the approval notice and make a service request for them to send it.