Green card for son

Lokajit S

New Member
I am Subbaraja.My wife and me are Green card holders. Our elder son Lokajit is a citizen and we got our green card through him in September last year.
We want to apply for a green card for my second son,who is an Indian citizen and is 22 years old.
Below are some questions,which need clarifications:
1. Can we apply for green card for my second son, while we are still green card holders?
2.If we need to apply for green card,only after we become citizens, how many days we need to stay in the US?
As my mother is alone,we are applying for re-entry permit for 2 years.

Please reply. Thanks.
 
1. Yes, as long as he is unmarried and remains unmarried. The category is F2B. There is a long wait, currently around 8 years, before a visa is available. There is no benefit to waiting to become a citizen before applying as the wait time is actually longer. The only reason to wait to become a citizen would be if he is or is planning to get married, but then the wait time lengthens even further (currently around 14 years).
2. Not applicable as you don’t have to wait. Do note you will need to provide evidence of US based income for your son to actually get an immigrant visa /green card, and as it is a family reunification visa you should be resident in the US for him to get an immigrant visa.

citizenship requirements have two basic residency requirements- continuous residence, meaning you don’t spend more than 180 days at a time out of the US, and physical presence, which requires you to have been physically present in the US for at least 30 months out of the 5 years before you file for naturalization. See https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3 and https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4
 
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