Family Greencard

[Siraj777]

. I am married and have 18-year-old daughter. We all three got green cards in May, 2015 and I became US citizen on 18th July, 2024. My wife and daughter departed from USA and living in India from April, 2015 (A month before receiving the green card). What are my chances of bringing my family into USA.

• Wait until their current green card expire in May, 2025 and apply for marriage based green card for my wife and immediate family green card for my daughter?
• Cancel the current green card and apply for new green cards immediately?
• Arrive in US with existing green card with chances of getting deported if the officer at POE is not satisfied with their prolonged stay in India?
• Bring my family on tourist visa and file the green card while they are in US?. Extend the tourist visa until Green Card is approved?

Your immediate help will be appreciated.

 

[newacct]

Wait until their current green card expire in May, 2025 and apply for marriage based green card for my wife and immediate family green card for my daughter?

You don't need to wait until their green cards expire. You can petition them to immigrate at any time.

Cancel the current green card and apply for new green cards immediately?

You can technically petition them to immigrate even if they haven't formally filed I-407 to relinquish their green card.

Arrive in US with existing green card with chances of getting deported if the officer at POE is not satisfied with their prolonged stay in India?

With such a long absence, they will almost certainly be considered to have abandoned residence, so this is probably not a good idea.

Bring my family on tourist visa and file the green card while they are in US?. Extend the tourist visa until Green Card is approved?

They should not enter the US on visitor status with preconceived intention to apply for Adjustment of Status during that stay. That is fraud.

 

[SusieQQQ]

You don't need to wait until their green cards expire. You can petition them to immigrate at any time.


You can technically petition them to immigrate even if they haven't formally filed I-407 to relinquish their green card.


With such a long absence, they will almost certainly be considered to have abandoned residence, so this is probably not a good idea.


They should not enter the US on visitor status with preconceived intention to apply for Adjustment of Status during that stay. That is fraud.

They likely would not be able to get tourist visas under the circumstances anyway. Agree that filing for their green cards is probably the fastest way to go. Both spouse and child of USC are immediate relative petitions.