Green Card For Parents

C

chittamuris

Registered Users (C)
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
 
you cannot travel to US in the interim. you can travel only after you get GC in india.
 
you don't get a GC in India. You get an immigrant visa. Once you enter with it, you will become a permanent resident.
 
rjo1 said:
you cannot travel to US in the interim. you can travel only after you get GC in india.
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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)
 
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.
 
GC_FOR_PARENTS said:
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.
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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?
 
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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?

nicpon said:
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?
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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?
 
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.
 
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.
 
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.
 
GC_FOR_PARENTS said:
Yes, once you enter the US in Visitors Visa you can file I130, I485 together.
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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.
 
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Jackolantern said:
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.
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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?
 
nicpon said:
together = i-130 & i-485; separately 1st i-130 and once approved then i-485
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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?
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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.
 
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Jackolantern said:
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.
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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.
 
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)?
 
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