GC parents

A

aarav

New Member
I am a US citizen and want to apply for parents GC.
My parents are currently in India, they hold a 10 year multiple entry visa and
come to us almost every year.

I want to know if I file a pettion for them should they be here at that time or in India. if they are in india can they enter USA after petition is approved.

I won't to find out the pros and cons of applying for them in the case they are in India or if they come to USA

Any help will be highly apppreciated.

regards

aarav
 
aarav said:
I am a US citizen and want to apply for parents GC.
My parents are currently in India, they hold a 10 year multiple entry visa and
come to us almost every year.

I want to know if I file a pettion for them should they be here at that time or in India. if they are in india can they enter USA after petition is approved.

I won't to find out the pros and cons of applying for them in the case they are in India or if they come to USA

Any help will be highly apppreciated.

regards

aarav
Click to expand...
If you file a petition for your psrents while they are in India, they might not be able to enter in US on their visitor visa. So they will have to wait for their GC to be approved which takes 5 months -1.5 years max. Now if they come here and then you file for their GC before their visitor visa gets expired then they will be able to stay here without worring about their visitor visa getting expired. They also can travel outside the US on AP whenever they wants. So if they are and you are read for them to be here, choose the second route.
 
amishah,

My Dad is here and will be leaving back for India in November. Does he have to be present in the US after I apply for his GC? Can I apply for his AP at the same time I apply for his GC and can he leave US before getting the AP approved? Any other formalities that he needs to complete before he leaves US? Individual timeframes for each steps is very much appreciated - essentially, I'm trying to figure out how much time should I expect to complete the necessary procedures before he leaves back for India with an AP.
 
vic said:
amishah,

My Dad is here and will be leaving back for India in November. Does he have to be present in the US after I apply for his GC? Can I apply for his AP at the same time I apply for his GC and can he leave US before getting the AP approved? Any other formalities that he needs to complete before he leaves US? Individual timeframes for each steps is very much appreciated - essentially, I'm trying to figure out how much time should I expect to complete the necessary procedures before he leaves back for India with an AP.
Click to expand...
You can file for AP when you file for his GC.
He can not leave the country without approved AP after you file for his GC. Usally AP gets approved within 2 months valid for a year. He will have to come back before his AP gets expired. So he can leave after 2 months with AP after you apply for his GC. Since you will need to fill out a bunch of forms and gether big pile of documents, if you want to finish up with this process ASAP you should start it ASAP.
 
Thanks amishah.

I guess since he isn't planning to come back to US atleast for another year, there is no point in applying for his AP (that was good info to know that APs are valid only for 1 year.) I will just go ahead and file petition for his GC and let the process take its time. I understand he won't be able to visit US during that time and will have to handle the process (FP, medical, etc.) from India.
 
Hello there is two different process for GC if the benificiary is in US or outside of US. If he is in the US then you file I485, if he is outside of US, you will have to go through councellor process. Make sure you choose the correct process.
 
Faster/Better?

Hi,
does anyone know which one is faster or better (EAD etc is available immediately etc) or a site which gives pros and cons with respect to the two filings (consular processing or the other one). Which one is followed when the parents are here and which one is followed when parents are in India ?
New to the forum so please bear with me. I would appreciate a link to another forum too.
thanks,
n
 
nimraj said:
Hi,
does anyone know which one is faster or better (EAD etc is available immediately etc) or a site which gives pros and cons with respect to the two filings (consular processing or the other one). Which one is followed when the parents are here and which one is followed when parents are in India ?
New to the forum so please bear with me. I would appreciate a link to another forum too.
thanks,
n
Click to expand...

Parents in India: Consular processing
You file I-130 for them, wait for it to be approved and they follow up with the approved I-130 at a nearest US consulate to them. They have to file I-824 to apply for an immigration visa. Process takes ~6-12 months, maybe more.

Parents here in US: AOS
You file I-130, I-485, I-765 (EAD) while they are here. Process takes approx 6-12 months, maybe more.

To answer your questions, You dont get an EAD if your parents opt for consular processing, (doesnt make sense to have EAD in this case right?). As far as timeline is considered, there is no specific timeframe as there are so many variable factors involved.
 
Thanks for the quick reply...

Thanks for the quick reply. That is exactly what I needed.
My dad is an engg. and will not accept any other way. He has too much of self respect to come at my expense or as my dependent. So I was thinking of getting him here and applying. He might want to take AP and go back until things are finalized though but what ever works.
Now I know the path to take.
Thanks again.
 
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