Questions regarding applying GC for my parent

K

kevinzhu

Registered Users (C)
Hi,
I am a US citizen and want to apply GC for my parent. Since my parent are in US now, so I can file I-130 and I-485 concurrently. Here are some questions, hope someone can help me this:
1. In I-485 part 2, what should I choose, I think I should choose a), as they are immediate relative to me, so their immigration visa is avaiable. Am I right on this? Someone suggested to put a visa # there, but I can't find it, anyone has any idea on this?
2. For my father, I need a marriage certificate, can I use my birth certificate to prove that as I have that showing he is my father?
3. My parent's I-94 says they can stay here until 12/6/2010. At that time, I don't they can get GC, should I file extenstion for them to stay longer?
4. If in any urgent case, my parent need to go back to home outside US and their GC is stil pending, can they come back again? Or they have to transfer they case to local immigration center outside US?
Thanks !

Regards,
Kevin
 
1. (a) is the correct choice

2. You need BOTH the marriage certificate* and birth certificate, because for fathers the birth certificate is usually not considered enough, due to there being room for doubt as to who is the father (whereas there is almost never a doubt regarding who is the mother, so for mothers the birth certificate is sufficient).

3. No extension is necessary. The I-485 allows them to remain in the US legally until it is approved or denied.

4. They will need Advance Parole to leave the US and reenter without messing up the GC process. File I-131 for each of them along with the I-485. The AP generally takes 2-3 months to get approved. If they leave before the AP is approved, the I-485 will be cancelled and they won't be able to return with a tourist visa; you would have to transfer the GC process to a consulate outside the US.


*if you don't have the marriage certificate because your parents were not married, you would need something else to prove fatherhood such as a DNA test, and/or evidence of him having a substantial father-child relationship while you were growing up
 
1. Select Immediate Relative.
2. You will definitely need a Marriage Certificate of your parents with your birth certificate for your father.
3. As long as your Parents entry is legal, they can even have years of overstay and that is forgiven as a IR of USC, besides filing of a I-485 protects the overstay anyway.
4. You can file for a Advance Parole for your parents with I-130 and I-485 if they intend to Travel while their papers are in the process.

About the DNA or substantial father-child relation, you can take pictures of you growing up or do DNA.
If the marriage certificate is not available, you may also want to make a Affidavit about the non availability of a marriage certificate from the appropriate authorities back home.
 
Last edited by a moderator:
What if one doesn't have marriage certificates of their parents, in case s/he is applying for GC for his/her parent(s)?
 
howdy_howdy said:
What if one doesn't have marriage certificates of their parents, in case s/he is applying for GC for his/her parent(s)?
Click to expand...

What do you have that showed they were married legally in your country of origin? Do you have family back home who can get some documentation for you from dept of social service or home affairs? Usually, marriage certificate is required to proof their union.
 
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