Green Card For Parents

[chittamuris]

My son who is an American Citizen wants to file GREEN CARD application for both of us (Me & my wife). We are at present in India (Hyderabad). I would like to know the following:
1. Can we travel to US if our applications are in process?
2. If my son applies for the same when we visit US next time - Can we stay beyond our permitted period (I-94) till the process is over?
Please clarify my doubts
chittamuris

[rjo1]

you cannot travel to US in the interim. you can travel only after you get GC in india.

[LucyMO]

you don't get a GC in India. You get an immigrant visa. Once you enter with it, you will become a permanent resident.

[chittamuris]

Originally Posted by rjo1

you cannot travel to US in the interim. you can travel only after you get GC in india.

Will u please clarify my doubt to the question No.2 of my thread.
That is:
Presuming that my son applies GC for us once we visit US next time and can we stay in US till and until our applications are finalised and approved.(Irrespective of our I-94s)

[GC_FOR_PARENTS]

Yes, once you enter the US in Visitors Visa you can file I130, I485 together. Once you apply for I 485 your I94 expiry date is void. You can stay in the US until you get your GC. However, if you want to visit India before you get your GC you need to apply for Advanced Parol. Hope it helps.

[nicpon]

Originally Posted by GC_FOR_PARENTS

Yes, once you enter the US in Visitors Visa you can file I130, I485 together. Once you apply for I 485 your I94 expiry date is void. You can stay in the US until you get your GC. However, if you want to visit India before you get your GC you need to apply for Advanced Parol. Hope it helps.

This is given that his son have had a GC for at least three years or his parents can come before three year deadline on a visa and apply for GC ??

Also, I have another question regarding GC. I got mine in Jan 2006 and I thought the first time I get it, it should be for 3 years, but mine is for two years. Is that common and why they did it like that?

[Triple Citizen]

Only citizens can sponsor parents for GCs. So the son in this case has to be a citizen.
If you have a GC with a 2 year validity, then you will need to file I-751 to remove those conditions. You got your GC through marriage to a citizen right?

Originally Posted by nicpon

This is given that his son have had a GC for at least three years or his parents can come before three year deadline on a visa and apply for GC ??

Also, I have another question regarding GC. I got mine in Jan 2006 and I thought the first time I get it, it should be for 3 years, but mine is for two years. Is that common and why they did it like that?

[nicpon]

I was thinking about citizenship for his son and I wrote GC. Anyways, I got mine through marriage. Does it mean that I can apply for citizenship when they renew my GC?

[Triple Citizen]

You can apply for citizenship 90 days before the third anniversary of your GC. You don't even have to wait for the I-751 to be adjudicated.

[nicpon]

Can you tell me why they gave me GC for two years only?

[Triple Citizen]

If you got your PR status by marriage to a US citizen and the marriage was less than 2 years old the day it was approved, then by law you can only get a 2 year GC. 2 years (minus 90 days) from the PR approval date, you will need to file I-751. If that is approved, you will get a 10 year GC.

[nicpon]

Thanks, that clears things up.

[chittamuris]

THANKS FOR THE FEED BACK
Thanks once again

[nicpon]

Few more questions came to my mind as i was thinking about the process of getting my parents here that hopefully someone could help me figure out.
When usc is filing for his/her parents, then i-130 and i485 forms can be sent concurrently? All the responses from USCIS will be sent to the address specified on the application(where I live) not where they live?
Lastly, I know its possible for USC to file for a sibling, but how likely is that the sibling will get it? I've heard people say over and over that siblings have pretty much no chances of getting GC, is that common belief on this forum or in general as well?

Thanks for your support guys. This forum has been great so far.

[Jackolantern]

Originally Posted by GC_FOR_PARENTS

Yes, once you enter the US in Visitors Visa you can file I130, I485 together.

This should be avoided, as that can lead to denial for misrepresenting intent, and whether or not it is denied will make things harder for others from the same country who apply for a visitor's visa. That visa is not supposed to be used as a transition to the green card. If they don't already have the visa, there is a good chance it will be refused because of the expectation that they will want to file I-485 after entering. I-130 with consular processing requested is the safer and more acceptable path.

[nicpon]

Originally Posted by Jackolantern

This should be avoided, as that can lead to denial for misrepresenting intent, and whether or not it is denied will make things harder for others from the same country who apply for a visitor's visa. That visa is not supposed to be used as a transition to the green card. If they don't already have the visa, there is a good chance it will be refused because of the expectation that they will want to file I-485 after entering. I-130 with consular processing requested is the safer and more acceptable path.

So are you saying that its better to file separately from within US, together from out of US or separately from out of US?
together = i-130 & i-485; separately 1st i-130 and once approved then i-485
Just out of curiosity, how did you find out that?

[Triple Citizen]

Since the intent to immigrate has already been demonstrated, best option is to apply for their GC's through a US consulate.

Originally Posted by nicpon

together from out of US

[Jackolantern]

Originally Posted by nicpon

together = i-130 & i-485; separately 1st i-130 and once approved then i-485

No. Separately = I-130 without the I-485 at all. If consular processing is requested on the I-130, the I-130 approval will be followed by a green card interview at a consulate. No I-485 involved.

Just out of curiosity, how did you find out that?

Extensive reading and other people's experience on this forum and in real life. It is a fundamental condition of the B1/B2 visa that you are not supposed to immigrate after having last entered the US with that visa. Every day they reject numerous visa applications just for the expectation that the applicant will attempt to immigrate after entering the US with the visa. And every person who uses that visa as a stepping stone to stay in the US permanently (whether illegally or legally via I-485) gets added the statistics of people who violated the original terms of the visa, which makes it harder for other people from the same country to get a visa.

[bestpal]

Originally Posted by Jackolantern

No. Separately = I-130 without the I-485 at all. If consular processing is requested on the I-130, the I-130 approval will be followed by a green card interview at a consulate. No I-485 involved.

Extensive reading and other people's experience on this forum and in real life. It is a fundamental condition of the B1/B2 visa that you are not supposed to immigrate after having last entered the US with that visa. Every day they reject numerous visa applications just for the expectation that the applicant will attempt to immigrate after entering the US with the visa. And every person who uses that visa as a stepping stone to stay in the US permanently (whether illegally or legally via I-485) gets added the statistics of people who violated the original terms of the visa, which makes it harder for other people from the same country to get a visa.

I agree...if you already decided to immigrate, why not just use the regular route instead of abusing the B1/B2 visa. This will make other people tring to obtain a real B1/B2 much easier and less headache.

[nicpon]

Thanks, what you guys said about how it affects other immigrants makes perfect sense.

On the side note I need to clarify one thing about filing abroad.
I(the petitioner) live and currently in US, so I have to file here in US. Is that correct? Thats what I got from the instructions for i-130. Filing abroad is only when the petitioner resides abroad, right?
If the above is true, then is it better to file i-130 & i485 at the same time(the relative is abroad and plans to stay there until the whole application process is done)?

[bestpal]

When you petition relatives oversea, you only file I130 with USCIS. After ther I130 is approved by USCIS, your case will then forwarded to NVC (national visa center) for immigration visa processing with the embassy at your relatives' country of residence. Immigration visa processing at NVC is a multi-step process. More information can be found at the http://travel.state.gov/visa/immigra...info_1335.html

[Jackolantern]

Originally Posted by nicpon

If the above is true, then is it better to file i-130 & i485 at the same time(the relative is abroad and plans to stay there until the whole application process is done)?

I-485 is only for when the noncitizen relative who wants to get a green card is already in the US and wants to live in the US until the green card is approved. This would be filed together with the I-130, or after the I-130.

If the noncitizen relative is outside the US, or is inside the US but is planning to leave the US to wait for the interview and approval at a consulate, the I-130 would be filed without any I-485. On the I-130 there is a question that asks for the city & country location of the desired consulate.

[luckylilly]

I will be applying for my mom next week.I want to confirm what the total cost is for this.From what I have so far it seems to be $1365.I just want to make sure this is correct..many changes and oversight in this process sometimes.

Thanks a lot!!

[Jackolantern]

Originally Posted by luckylilly

I will be applying for my mom next week.I want to confirm what the total cost is for this.From what I have so far it seems to be $1365.I just want to make sure this is correct.

Which method are you using? I-485 or consular processing? The fees are different. And if you're choosing I-485, I hope you've read the above posts in the thread regarding potential pitfalls of filing I-485 after the parent entered with a tourist visa.