Bringing parents over when status is limbo

jsyamala

Registered Users (C)
Hello:
I need help getting an answer on this ASAP. My husband has been in limbo land with the name check thing for about a year. Since he can't go home to India, he want to bring his parents here. We recently looked in to the list of requirements for his parents applying at the US consulate. In the list of required documents is a copy of either your H1 or your greencard. He does not have either. All that he has is his EAD.
When we call immigration they say they "don't know" the answer to our question. This is typical. I have researched a number with the state department which I will try tomorrow when they reopen.

Does anyone know, are we going to have a problem bringing his parents here?

Thanks,

Jennifer
 

dcAndreas

Registered Users (C)
... Since he can't go home to India, ...

Why not?

He should apply for AP and he will be good to go. Well, once he gets the documents after about 3 months. I doubt any consular processing to bring his parents here would be any faster (or cheaper) than that.
 

rollingstone

Registered Users (C)
Hello:
I need help getting an answer on this ASAP. My husband has been in limbo land with the name check thing for about a year. Since he can't go home to India, he want to bring his parents here. We recently looked in to the list of requirements for his parents applying at the US consulate. In the list of required documents is a copy of either your H1 or your greencard. He does not have either. All that he has is his EAD.
When we call immigration they say they "don't know" the answer to our question. This is typical. I have researched a number with the state department which I will try tomorrow when they reopen.

Does anyone know, are we going to have a problem bringing his parents here?

Thanks,

Jennifer
As long as he has a valid EAD, he is maintaining status. Make sure you renew the EAD before it expires.
 

jsyamala

Registered Users (C)
questions

The Advanced Parole option he decided not to do because it sounded too risky. He has heard of people having some difficulty getting back in the country.
Regarding the EAD it is still good until end of September. We have renewed it once already and will probably have to do it again soon.

I'm not sure what paperwork to give the consulate if he only has an EAD and is in limbo land. Their list says that they want a copy of an H1 or a greencard only.

Jen
 

Ashin2

Registered Users (C)
Just fill out on the consulate form that your husband's status is AOS pending (by marriage to U.S. citizen). Send a copy of receipt that shows I-485 received. Since you are his wife, why don't you show that you are sponsoring your parents-in-law and you are U.S. citizen as well.. It cannot hurt!!
 

boatbod

Registered Users (C)
Not sure whether can you sponsor "parents in law" for GC. I'm pretty sure there has to be a direct relationship through birth or perhaps adoption. That aside, if the intention is for them to apply for a B1/B2 visitor visa, they may have a long hard battle ahead. From what I've read, consulates can be somewhat reluctant to issue visitor visa when there are few strong ties to the home country and immediate relatives are already in the US. Remember the USCIS motto - everyone is an intending immigrant until proven otherwise.
 

Ashin2

Registered Users (C)
Boatbod,

When I meant sponsor parents in law, it was for visitor visa. She could show that is related and her in-laws are just visiting her and her husband on B1/B2 visa. So, Jaymala asked a question specifically related to visiting visa.
 

jsyamala

Registered Users (C)
His parents have plenty of proof to show ties to India, that would not be an issue. They are in process of buying a new house and all of the rest of their family is there.
 

Triple Citizen

Registered Users (C)
Jen,
As long as he was never out of status, there is no risk in using Advance Parole to travel.

The Advanced Parole option he decided not to do because it sounded too risky. He has heard of people having some difficulty getting back in the country.
 
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