Info on GC for parents

[tigerGC]

I would like to have some info on how to get a GC for my parents.

My brother is a GC holder who is going to file for citizenship soon and after that apply for my parents GC.

The question are:

1) Does he have to file for them after he becomes a citizen or can he sponsor them at the same time he applies for his citizenship (3 months before the 3 years GC anniversary I believe)?

2) My parents are on a 10 years visitors visa (6 months stay per year), do they have an option to start petition while in the US or do they need to go back to their country to do so?

3) If both options are open, what is the best one and how soon can they get a temporary GC or any other documents what will allow them to stay in the US permanently and legally?

Thank you for your comment on this.

 

[ilanand39]

I would like to have some info on how to get a GC for my parents.

My brother is a GC holder who is going to file for citizenship soon and after that apply for my parents GC.

The question are:

1) Does he have to file for them after he becomes a citizen or can he sponsor them at the same time he applies for his citizenship (3 months before the 3 years GC anniversary I believe)?

Your brother can only file for their GC AFTER he becomes a US Citizen. i.e on or after Oath ceremony day. He could get the paperwork readied in the meantime. Is he filing for his own GC based on marriage to US Citizen? bcz. that is the only time one can file within 3 years to naturalize, else wait is for 5 yrs.

2) My parents are on a 10 years visitors visa (6 months stay per year), do they have an option to start petition while in the US or do they need to go back to their country to do so?
This one is tricky. Depends on one's intent while entering USA. If your parents enter USA using Visitor visa while knowing that your brother will be filing for their GC while in USA, that is considered fraud. They can come and visit on visitor's visa until he files for their GC via Consular Processing. One the CP is in progress, Visitor Visa becomes practically unusable, which means they will live in their home country until CP process is over

3) If both options are open, what is the best one and how soon can they get a temporary GC or any other documents what will allow them to stay in the US permanently and legally?

This relates to situation arising out of where they are as per 2) above. regardless, i believe the wait time right now is about 6 months - 1 year for parents of US Citizens since they are considered IR petition and hence do not have wait times for immigrant visas

Thank you for your comment on this.

anytime