Frequently Asked Questions - Family-Based Green Cards

Green Card for Abused Spouse (1)

  1. Consular Processing
  2. Process After Getting Immigrant Visa
  3. DS-260 Immigrant Visa Electronic Application
  4. H-1 After Marriage to a U.S. Immigrant
  5. I-130 petition and removal proceedings
  6. Green Card Applications through Sister and Brother
  7. O Visa Applicant Applying for Green Card
  8. U.S Citizen, filing for 18 year old sister
  9. Petition from mother or father
  10. USC sponsoring mother's GC
  11. Family Based F4 GC
  12. Visit visa and marriage
  13. LPR petition for son
  14. Sponsoring green card for brother
  15. Family Unification and Green Card
  16. Father filing an I-130
  17. Green Card and last name
  18. New GC for my wife and child
  19. GC petition for a 21 year old
  20. Two year temporary green card
  21. AOS interview next week, mother in India on AP
  22. Last name in Passport and GC processing
  23. I-130 for husband approved - what next?
  24. Visitors visa and green card
  25. Green card and overstay
  26. Mandated poverty line
  27. Processing time for spouse - greencard
  28. Family based petition - sibling
  29. Filing in India after wedding in US
  30. Interview for green card
  31. Marriage in India or in US
  32. Can I petition my Fiancé
  33. My mom's green card interview
  34. Can my daughter sponser me?
  35. Family based green card and country of origin
  36. Am I eligible for a green card?
  37. Cancel sponsorship of my brother
  38. Son sponsoring mother
  39. B2 visa to green card
  40. Petition for brother
  41. GC for parents
  42. Can we still file for AOS
  43. 6 month rule
  44. GC for Wife
  45. Married to a US citizen
  46. Greencard holder filing for a non-US citizen
  47. Petition for Father and Husband
  48. Green card under the Child Status Protection Act
  49. Green Card and marraige to a non citizen
  50. Family based green card.
  51. American born mother and daughter born in Mexico
  52. GC for Parents
  53. GC for brother and family
  54. Petition for Siblings
  55. GC through mother ....
  56. U.S citizen sponsoring mother
  57. Unemployed husband
  58. I-130 petition
  59. I have a green card, I was out of the U.S for more than a year
  60. Which state to file papers for green card
  61. Marriage Immigration - Impact of divorce
  62. How much more do I have to wait for my green card
  63. Marriage Based Petition
  64. Getting married to a green card holder
  65. I130 and application for adjustment
  66. Father wants to sponsor me
  67. Can my parents stay in the US?
  68. Spouse's status -- Are you a US Citizen?
  69. Green card for spouse entered illegally
  70. Sponsoring both my parents
  71. I-130 for sibling
  72. Sponsoring brother from Vietnam, and he just has a new baby.
  73. Traveling to US while green card petition pending
  74. Green Card through marriage
  75. I-130 for visiting parents
  76. GC for wife - marriage annulled
  77. F-4 Family Category
  78. Petition for mother
  79. F1 student (wife of a GC holder) - pregnant
  80. Brother with medical issues
  81. Green Card Through Marriage
  82. I-751 genuine marriage
  83. I-130 for parents and sisters
  84. F1 student married with GC holder
  85. Applied Green card (family) while on H-1B
  86. Waiting for PR
  87. Daughter of U.S. Green Card holder
  88. If my fiancee came to the US illegally
  89. Sponsor Green card
  90. I-130 has 3 years not yet approved
  91. Green Card abandonment
  92. Applying for NIV with a pending GC application
  93. Sponsoring daughter over 21 on F1 status
  94. Green Card
  95. Eligible husband?
  96. Immigration after I-130
  97. Petitioning for Parents
  98. Brother and Family Immigration
  99. Renewing a green card
  100. Green Card for Husband
  101. How to apply for work authorization after I130 approval?
  102. Parent of US citizen - Child born in USA
  103. Change of status for Beneficiary
  104. Green card Family category 4
  105. How to renew a green card
  106. How long is the waiting?
  107. Marriage during F1 status
  108. Sponsoring my Mom for reinstating Green card
  109. Green Card holder parents bringing to US a child born outside USA
  110. Why does it take so much time to get green cards
  111. Applying for green card while on a B-1 or B-2 visa
  112. Marriage to US Citizen with EB AOS is pending
  113. Can H-1 be extended based upon family-based green card?
  114. Waiver of Joint filing requirement
  115. Filing I-485 after I-130 approved
  116. Adoption from India
  117. Does filing for any green card permit me to stay in USA?
  118. Do advanced degrees help in marriage-based green card?
  119. B visa while GC pending or similar situation
  120. Green Card through Citizen brother
  121. Fastest Method of Getting Spouse of a Green Card into the USA and Reducing Wait
  122. Reentry Permit to Preserve Green Card and Extensions
  123. Best Methods for Spouse of a Green Card Holder to Enter the USA
  124. GC Holder Sponsoring Parents
  125. Filing green card through multiple categories or employers and/or family simultaneously
  126. US Citizen applying for green card for brother or sister
  127. Effect of Divorce on Employment-Based Immigration
  128. Child Born To A Lawful Permanent Resident Mother During Her Temporary Absence From The U.S
  129. Effect of Divorce on an Employment-Based Case and Cross-Chargeability
  130. Getting married when AOS I-485 is pending (following to join and other options)
  131. October 2015 Visa Bulletin Confusion FAQ's
  132. US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues
  133. Dual Intent Visas and Filing green Card in Multiple Categories Simultaneously
  134. Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa
  135. Green Card Process for Spouse of US Permanent Resident
  136. Parent of a Green Card Holder - Options for Them to Stay Long in the US
  137. Green Card Before Marriage
  138. Proving Relationship Through DNA
Spousal abuse

The abusing spouse can go to prison.

Green Card Applications through Sister and Brother

Continue through your sister. That seems to be the best option. Brother's application can stay pending. It need not be withdrawn.

LPR petition for son

It will be faster for her to petition and she can do so as soon as she wants. I would suggest she should apply when she moves to USA. If you wish, you can also start a petition for your brother. He can wait in more than one category.

Sponsoring green card for brother

You cannot petition for brother until you become a US Citizen. And, even after that, it takes over 10 years to get a green card. See family category 4 in the current visa bulletin: http://www.immigration.com/visa-bulletin

Family based petition - sibling

Check out the Form I-130 filing fee.

Cancel sponsorship of my brother

You can withdraw the Form I-130.

Family based green card.

You can simultaneously file through as many green card categories as you wish. Check out the backlogs on the visa bulletin.

GC for brother and family

Travel on a NIV while GC is pending is very uncertain. CBP can refuse entry.

B1 rejected because I had applied for Green Card

I do not know of any special proof that you can provide. This is purely a matter of consular discretion.

Petition for Siblings

Only US citizens can petition for their siblings.

Brother with medical issues

Green cards for brothers take approximately 10 years to come through. But for medical treatment, a B-1 visa can be applied.

Green card Family category 4

 I have not looked into this issue specifically but my instinct is that AOS within USA may be problematic for her before your sister gets her green card. As a practical matter, she will only need to make a brief - perhaps a week long trip once to get her green card with the family.

US Citizen applying for green card for brother or sister
Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=baprYGs8IzQ&t=782

FAQ Transcription

Sister Filed Petition

That category takes 13-14 years. During the time you are waiting for your priority date to be current, you cannot stay in the USA just because your green card is pending. You can, however, stay or come to the USA under a visa independent of the green card such as L-1, H-1. You can also apply for a green card in several categories simultaneously.

Green Card and last name

Yes you can. Having the same last name is not required.

Last name in Passport and GC processing

You have several choices, including "No Last Name Used." If she wishes to use some other name, including adding a last name, now would be a good time to do it.

Can my daughter sponser me?

She can sponsor you for your green card upon turning 21.

GC Holder Sponsoring Parents

1. You have to be a US citizen to sponsor her Green card. For Green Card holders as I recall the only family other than the children and wife they can sponsor is unmarried adult children over 21 but unmarried you can apply for their Green Card. Once you become US citizen your possible beneficiaries can be larger including your parents. There is little-known provision that is sometimes used, use it if it's necessary when let say your parents they don't have anybody in India to take care of them.

US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/ZHaiZELtWCE?t=221

FAQ Transcript:

This is one thing very common in many cases. The issue of applying for a green card, when you are visiting on a tourist visa or even converting a tourist visa to H-1, L-1 and student visa is always a problem.

LPR petition for son

It will be faster for her to petition and she can do so as soon as she wants. I would suggest she should apply when she moves to USA. If you wish, you can also start a petition for your brother. He can wait in more than one category.

GC petition for a 21 year old

Sure. The fact that he is in Canada is not an impediment.

GC through mother ....

As far as I know your PD cannot be reused because you lost it through becoming ineligible for the visa category.

Father wants to sponsor me

Review Form I-130. You cannot stay in USA while or just because the case is pending, unless you have some visa/status that allows you to stay.

Dual Intent Visas and Filing green Card in Multiple Categories Simultaneously

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/R4-_pic6TzY?t=103

FAQ Transcript

American born mother and daughter born in Mexico
GC for Parents
Sponser Birth Certificate

USCIS does have the right to insist that you produce the original. They may give you time to get it if you do not have it. It is best to start the process of getting it right now.

Green card based upon one-year old child

No, I cannot think of any such possibility.

I-130 for visiting parents

You will need to file 130 and adjustment of status papers together.

Parent of a Green Card Holder - Options for Them to Stay Long in the US

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

Getting married to a green card holder

Once he is a Citizen, he can apply for a K-3 and/or green card for you. Each one of them takes different times, usually less than a year.

Fastest Method of Getting Spouse of a Green Card into the USA and Reducing Wait
Best Methods for Spouse of a Green Card Holder to Enter the USA
Effect of Divorce on an Employment-Based Case and Cross-Chargeability
Applying for green card while visiting the USA
Green Card Process for Spouse of US Permanent Resident

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=QvnIAm0nQJ8#t=99

 

FAQ Transcript

Consular Processing

The Immigration and Nationality Act (INA) offers an individual two primary paths to permanent resident status (a green card). An individual who is the beneficiary of an approved immigrant petition and has an immigrant visa number immediately available may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident.

Process After Getting Immigrant Visa

Make an infopass appointment and get her passport stamped for temporary proof of green card. She can travel with that. Normally, the physical GC takes just a few weeks. I am not concerned about SSN. That will arrive eventually. But do review my blog videos about I-131 and maintaining green card, etc.

DS-260 Immigrant Visa Electronic Application

1. You must have:
Internet access
Your NVC Case Number (refer to the message you received from NVC)
Your Invoice I.D. number (refer to the message you received from NVC)

H-1 After Marriage to a U.S. Immigrant

Yes you can apply for H-1 even if you get married to a U.S. immigrant or U.S. citizen.

I-130 petition and removal proceedings

Typically there is an interview. Times are widely different depending upon security clearance, etc. The interview involves investigation of a "real," not sham marriage.

Green Card Applications through Sister and Brother

Continue through your sister. That seems to be the best option. Brother's application can stay pending. It need not be withdrawn.

O Visa Applicant Applying for Green Card

You may be able to apply for a Green Card if you meet the requirements of EB-1 (Aliens with Extraordinary Ability) based upon a job offer, or if a family-based possibility exists.

U.S Citizen, filing for 18 year old sister

You will have to file separately. Your mother can also file once she gets her green card. But note that your sister will not have any status in USA during the multiple years her green card application would be pending.

Petition from mother or father

As far as I know, there is no way to transfer the priority date over from your mom's to your dad's petition. He can, of course, start another case for you.

USC sponsoring mother's GC

1. Names are phonetically spelled. So, I do not think this is any problem.
2. VERY important.
3. Yes.

Family Based F4 GC
Visit visa and marriage
LPR petition for son

It will be faster for her to petition and she can do so as soon as she wants. I would suggest she should apply when she moves to USA. If you wish, you can also start a petition for your brother. He can wait in more than one category.

Sponsoring green card for brother

You cannot petition for brother until you become a US Citizen. And, even after that, it takes over 10 years to get a green card. See family category 4 in the current visa bulletin: http://www.immigration.com/visa-bulletin

Family Unification and Green Card

One of the ways could be for your daughter to apply for your green card when she turns 21. The problem is, if you were unlawfully present in USA for more than a year, you may be barred from entering USA for 10 years.

Father filing an I-130

Your father does not have to file a separate application for your husband. In the various papers you get from the consulate and the National Visa Center, you can indicate that he is getting his green card with you.

Green Card and last name

Yes you can. Having the same last name is not required.

New GC for my wife and child

Apply for their green card and shoot for a K-3 visa simultaneously.

GC petition for a 21 year old

Sure. The fact that he is in Canada is not an impediment.

Two year temporary green card

She cannot put a "block." There is no such provision in law.

AOS interview next week, mother in India on AP

You need to contact USCIS customer service for guidance. Definitely put something down in writing that you are requesting a rescheduling. Maybe asking your Congressman's assistance is the best way to go for rescheduling.

Last name in Passport and GC processing

You have several choices, including "No Last Name Used." If she wishes to use some other name, including adding a last name, now would be a good time to do it.

I-130 for husband approved - what next?

It should take a few more months. You should be getting some correspondence from NVC in New Hampshire. After you complete their requirements, the file will be forwarded to US Consulate in India for further processing. They will contact your husband.

Visitors visa and green card

She will be at the mercy of CBP at the airport. They can decline entry.

Green card and overstay

It is highly unlikely that he will be allowed into USA.

Mandated poverty line

Here are the poverty guidelines http://aspe.hhs.gov/poverty/index.shtml

Your father can co-sponsor (file an affidavit of support) along with you.

Processing time for spouse - greencard

1. Time should be approximately six months to one year if all goes well. EAD is issued usually within 90 days of applying for it.
2. Once you apply, she should not have to leave.

Family based petition - sibling

Check out the Form I-130 filing fee.

Filing in India after wedding in US

Check with US consulate. They respond to emails. They often impose some residence duration requirement for applicants.

Interview for green card

If this is an adjustment of status interview and she gets approved, they should stamp her passport. But she does need to renew her passport before the interview.

Marriage in India or in US

Having a US citizen spouse should neither hurt nor help your H-1 visa app. H-1B rejection does not mean you cannot apply for H-1 through another company.

Can I petition my Fiancé

There is no fiance visa for non-citizens, but look into the waiting times for spouses of green card holders. Those times are pretty good right now.

My mom's green card interview

If USCIS so wishes, they can certainly make an issue of it. But they tend to be much more tolerant of cases of immediate family like parents and spouse.

Can my daughter sponser me?

She can sponsor you for your green card upon turning 21.

Family based green card and country of origin

Yes. The country of birth makes a difference. Check the latest Visa Bulletin for times.

Am I eligible for a green card?

I do not see how you can move without them. They would be the primary applicants for the DV.

Cancel sponsorship of my brother

You can withdraw the Form I-130.

Son sponsoring mother

A child can only apply for a parent's green card upon reaching the age of 21.

B2 visa to green card

The answer to both your questions is - yes. But you MUST speak with a lawyer to understand all the nuances of her case.

Petition for brother

Over ten years. Check out the Visa Bulletin .

GC for parents

It does not look like they were unlawfully present for over 180 days. So, I don't see why there should be a problem with the green card.

Can we still file for AOS

If he entered legally and is not subject to any other bars, and if you are a US citizen, he can apply for AOS when applying for his green card through marriage to you.

6 month rule

Your mother should be prepared to explain the reason for why she was away from USA. If she stays outside for a year, she will lose her green card.

GC for Wife

I have not reviewed the law specifically, but I think it is permissible for you to start the I-130 process even now and you can get a co-sponsor for the financial support.

Married to a US citizen
Greencard holder filing for a non-US citizen

I think you should go with your actual place of residence. Also, remember to file Form AR-11 every time you move.

Petition for Father and Husband

Yes you can. There is no limit to the number of simultaneous filings other than your financial ability to support the family members for whom you apply.

Green card under the Child Status Protection Act

Your friend can apply for an unmarried child independently. Application of CSPA requires analysis of specific facts. I suggest your friend should consult an immigration lawyer for that.

Green Card and marraige to a non citizen

Filing through a green card holder takes several years to get to the work permit stage.

Family based green card.

You can simultaneously file through as many green card categories as you wish. Check out the backlogs on the visa bulletin.

American born mother and daughter born in Mexico
GC for Parents
GC for brother and family

Travel on a NIV while GC is pending is very uncertain. CBP can refuse entry.

Petition for Siblings

Only US citizens can petition for their siblings.

GC through mother ....

As far as I know your PD cannot be reused because you lost it through becoming ineligible for the visa category.

U.S citizen sponsoring mother

Medical examinations are needed even if you file from here.

Unemployed husband

You may be best served by getting a co-sponsor for the affidavit of support.

I-130 petition

As far as I know, there is no way out of this except a new filing.

I have a green card, I was out of the U.S for more than a year

Generally speaking, a visit outside USA lasting more than one year terminates your green card (no matter what the card says).

Which state to file papers for green card

Follow the instructions on the form. Place of filing in immigration matters follows your residence. It is not open to choice. USCIS processing times should be here: http://www.immigration.com/processing-times-and-status-check

Marriage Immigration - Impact of divorce

The rule is, if the marriage was entered into in good faith, the condition on the green card should be removed even if the marriage fell apart.

How much more do I have to wait for my green card

There are too many unknowns in your situation for me to be able to answer. First, you need to check and see if your priority date (the date your I-130 was filed) is current. You do that by reviewing the most recent Visa Bulletin - http://www.immigration.com/visa-bulletin. If your PD is current, then you can start checking with the govt.

Marriage Based Petition

1. I think you should file ASAP. You can get a co-sponsor and show all other assets you have.


2. For basic information call the USCIS customer service. Your local Congressman can help in the follow up.

Getting married to a green card holder

Once he is a Citizen, he can apply for a K-3 and/or green card for you. Each one of them takes different times, usually less than a year.

I130 and application for adjustment

No one can file for adjustment unless their priority date is current. You should be able to upgrade the earlier filed I-130 to reflect your current citizenship. That way, he keeps his priority date. Contact USCIS customer service.

Father wants to sponsor me

Review Form I-130. You cannot stay in USA while or just because the case is pending, unless you have some visa/status that allows you to stay.

Can my parents stay in the US?

1. From what you have described, I see no reason why you cannot file for their I-485 and have them stay.

2. He can legally stay in USA as long as USCIS receives the extension request (Form I-539)before the expiration of his current status. He can stay till the request is decided or till the time for which the extension has been requested, whichever comes first. It can take several months for the application to be decided.

Spouse's status -- Are you a US Citizen?

If you are a US citizen, there is no problem. You apply for her AOS simultaneously. If you are a green card holder, you cannot file AOS until the priority date is current and she cannot stay in USA based upon your application. She should probably think of H-1.

Green card for spouse entered illegally

You need to talk with a lawyer. If someone enters USA illegally (EWI), generally they are barred from adjustment of status (AOS).

Sponsoring both my parents

Yes, you will need to file 2 applications and pay twice

I-130 for sibling

In your husband's case, your brother in law will be able to bring his wife and children without making a separate application. Follow the dates in the Visa Bulletin. The date of the I-130 filing (not approval) with be his "Priority Date."

Sponsoring brother from Vietnam, and he just has a new baby.

You do not have to do anything extra. This can be taken care of when you they get communication from National Visa Center.

Traveling to US while green card petition pending

You can try, but such permission is rarely given.

Green Card through marriage

You could look into a fiancee visa (K-1). It can take a few months.

I-130 for visiting parents

You will need to file 130 and adjustment of status papers together.

GC for wife - marriage annulled

As far as I can tell, you are out of luck till you get remarried and naturalized. A legal annullment strikes out the marriage. Whether done here or in India should be irrelevant. But you are so close to natz., this should be no problem.

F-4 Family Category

The questions in family-based cases tend to be basic and nothing to prepare for. Usually, the immigrant visa package could take a few days, but I am not certain as to the exact time frame. The consulates are good about responding to emails. Write to them.

Petition for mother

As far as I know, if she entered USA legally, you should be able to get her green card. But I always advise people in this situation to get a local lawyer.

F1 student (wife of a GC holder) - pregnant

For various reasons, I usually see no point in applying for a green card through a permanent resident spouse while you are on an F-1. About taking a break, the F status requires you to attend school full time unless there is a medical necessity. You need to discuss that with your international students advisor.

Brother with medical issues

Green cards for brothers take approximately 10 years to come through. But for medical treatment, a B-1 visa can be applied.

Green Card Through Marriage

For all people on B visa or illegal in USA who are marrying a US citizen, I strongly advise at least one consultation with a lawyer to make sure you will not run into trouble.

I-751 genuine marriage

I like your attitude. It appears to me that what is missing is proof, not genuineness. I suggest you contact a lawyer locally. They should be able to assist with finding items of proof that you may have overlooked.

I-130 for parents and sisters

As far as I know, it will have to be a separate petition.

F1 student married with GC holder

I would recommend filing I-130 when she gets her naturalization.

Applied Green card (family) while on H-1B

1. I see no issue in applying for a family based or employment based green card while on H-1.


2.  If the omission of your sister's name was unintentional, I do not see it becoming an issue. Regarding birth certificate, you may want to contact the customer service. Normally, CIS is reluctant to accept later changes. But you should be able to overcome any problems they raise.

Waiting for PR

A green card holder's spouse has no status while waiting for their priority date to become current. You should maintain your L-1 status.

Daughter of U.S. Green Card holder

There is no easy solution. The only two obvious visas that come to mind and that available for someone like your daughter would be H-1 or L-1 (employment-based) visas. A student visa can be tried, but the grant us unlikely because green card is pending. I have an entry on my blog on this - applying for a nonimmigrant visa while green card is pending. Check it out.

If my fiancee came to the US illegally

Illegal entry into USA is a serious issue. Please consult a local lawyer.

Sponsor Green card

We cannot offer assistance in filling up forms. But without commenting on your situation and generally speaking, when applying for parents who are in USA, a US citizen files an I-148 package and form I-130 together.

I-130 has 3 years not yet approved

This is not normal. Contact USCIS customer service. If that does not work, contact your congressman. See this page: http://www.immigration.com/issues-relating-delays-various-immigration-ma...

Green Card abandonment

There is no law that requires a lawful permanent resident (GC Holder) to return within 6 months. But it is certainly better to do so. In any case, you must return before 12 months. BUT, remember, if you do not maintain your permanent home in the U.S., you can lose your GC even if you step out the U.S. for a day with an intent to go live somewhere else.

Applying for NIV with a pending GC application
Sponsoring daughter over 21 on F1 status

I am assuming you are asking me whether a green card holder can apply for a green card for an over-21 child. The answer is yes, as long she is unmarried, you can. But she cannot stay in USA based only upon the fact that you have applied for her.


Check out the Visa Bulletin: http://www.immigration.com/visa-bulletin


 

Green Card

May be Section 245(i) can help. Call and check with your mom's lawyer. Also explore the fact that you are married to a US citizen.

Eligible husband?

Because you are a US Citizen, there could be waivers available for offenses committed by spouse. You may want to check first with the US consulate in the country where you are living.

Immigration after I-130

Wait times are governed by priority date. Read the visa bulletin: http://www.immigration.com/visa-bulletin

Petitioning for Parents

As far as I remember, separate forms are needed for parents. Read the instructions on Form I-130.

Brother and Family Immigration

Look into a work visa option for him (H-1, H-2B, etc). Family-based would take too long.

Renewing a green card

If he has a "permanent green card," divorce has no impact on it and renewal is a minor process in which your signature is not needed. If he has a conditional green card, he is required to file Form I-751 (read the instructions), where if the marriage was entered into in good faith, he can obtain his permanent green card even without your signatures.

Green Card for Husband

You need to file a whole bunch of forms (including but not limited to Forms I-130 and I-485). There is no way I can assess the whole situation since he is out of status. I do suggest you get a lawyer locally where you are.

How to apply for work authorization after I130 approval?

I am glad our site has helped you. You can receive work authorization only when you apply for your I-485 (Adjustment of Status). You can file that only when your priority date is current. Mere I-130 pendency or approval gives you no help unless you are an immediate relative of a US citizen (like spouse or parent).

Parent of US citizen - Child born in USA

The good news is that the child is a US citizen by birth. The bad news is that does not help the parents. He can apply for you only when he turns 21.

Change of status for Beneficiary

As far as I know, marriage automatically disqualifies your son. Sorry.

Green card Family category 4

 I have not looked into this issue specifically but my instinct is that AOS within USA may be problematic for her before your sister gets her green card. As a practical matter, she will only need to make a brief - perhaps a week long trip once to get her green card with the family.

How to renew a green card

If your green card has expired (but not abandoned), you will need to file Form I-90. Read the instructions on the form.

How long is the waiting?

The waiting is determined by your country of birth and the category of immigration. The visa bulletin tells you when your date will be current. You can then apply for your last step of immigration. As to the issue of support, it should not matter if you make more than she does. Also read the instructions on Form I-864.

Marriage during F1 status

1. She cannot apply for her AOS unless the priority date is current (which takes several years). And she has no legal status just because an I-130 was filed or approved. An additional problem is when an F-1 marries a green card holder, govt. can take that to be a violation of their non-immigrant intent, if that becomes an issue. That problem should not exist as and when she takes on an H-1.

Sponsoring my Mom for reinstating Green card

I am assuming you are a US citizen. You will be applying for a new green card, not reinstatement. As to the issue of applying for a green card after she enters on a visitors visa with a pre-conceived intent to apply for green card; this CAN (not always) be problematic. USCIS can consider this to be an improper use of her B visa.

Green Card holder parents bringing to US a child born outside USA

Your child may accompany you or travel with you to the U.S if the following conditions are met:
a) the child has a separate passport;
b) has a birth certificate from the corporation, municipality or a registrar of births and deaths (please note hospital records are not adequate)
c) the child accompanies the immigrant mother or father upon her or his return to the U.S following the birth of the child
d) the child is under the age of two years
e) the immigrant mother or father has a valid Form I-551 or I-151, alien registration receipt card (in short called

Why does it take so much time to get green cards

Many of the family-based categories are given only a certain number of green cards per year. The quota is based upon the country of birth. So, if there is more demand than supply, waiting develops. Every month, the govt. publishes the green card waiting times in their Visa Bulletin. Click here for more information http://www.immigration.com/search/node/visa%20bulletin

Applying for green card while on a B-1 or B-2 visa

A1. There is nothing that stops you from applying for their green card. Note also that the same answer applies to children and spouse of a US citizens. But it does NOT apply to brothers/sisters.

There is just one issue. It is INAPPROPRIATE (may be even illegal) for a person to enter USA on a tourist or other similar visa if they have the intent to apply for a green card. BUT, if they enter USA without that intent, and after a few days of entry change their mind, that is perfectly appropriate and legal.

Marriage to US Citizen with EB AOS is pending

NIW applicants get their green card based upon an expectation of employment - not employment (unless you are a physician). So, if you have a job offer in your area of expertise, your travel on AP is fairly safe.

A legal marriage in India is fully recognized in USA.

Can H-1 be extended based upon family-based green card?

You cannot. This extension is available only to employment-based applicants.

Waiver of Joint filing requirement

You will need the waiver as you have said. Read the instructions on Form I-751. What you will be required to prove is that the marriage, when entered into, was in good faith and not to get a green card.

Filing I-485 after I-130 approved

I think you can and there should not be any problem. As to where to file, call USCIS customer service. 1 (800) 375-5283.

Adoption from India

I am sharing with you a response to a frequently asked question about adopting a child from India. Our inquirer also wanted to know if she could adopt her niece. Here is the info:

Does filing for any green card permit me to stay in USA?

So, the questions is does filing for any green card permit me to stay in USA?

The answer is no.

Only those green card application in which there is no wait for a visa number (example: spouse or parent of a US citizen or EB1 category currently) permit you to stay in USA but only if AOS (I-485) is filed in a timely manner.

That is the reason spouses of green card holders have to wait OUTSIDE USA for many, many years.

Do advanced degrees help in marriage-based green card?

 1. Advanced degrees do not help in a family-based green card.

B visa while GC pending or similar situation

This is upto the discretion of the consulate and then again upto CBP when you land in USA. Consulates have the discretion to issue you a B visa - despite your presumed immigrant intent - if they are convinced that you will return. This is true for all cases where a B (or F or similar) visa is sought while GC is pending or could be pending.

Green Card through Citizen brother

This is usually not a feasible option. To see how long it would take, look at the Visa Bulletin: 

http://www.immigration.com/newsletter/vbarchive.html

You will note that it will take more than a decade to get a green card through family-based category 4. You are not permitted to stay in the USA just because this application is pending.

Fastest Method of Getting Spouse of a Green Card into the USA and Reducing Wait
Reentry Permit to Preserve Green Card and Extensions
Best Methods for Spouse of a Green Card Holder to Enter the USA
GC Holder Sponsoring Parents

1. You have to be a US citizen to sponsor her Green card. For Green Card holders as I recall the only family other than the children and wife they can sponsor is unmarried adult children over 21 but unmarried you can apply for their Green Card. Once you become US citizen your possible beneficiaries can be larger including your parents. There is little-known provision that is sometimes used, use it if it's necessary when let say your parents they don't have anybody in India to take care of them.

Filing green card through multiple categories or employers and/or family simultaneously
US Citizen applying for green card for brother or sister
Effect of Divorce on Employment-Based Immigration
Child Born To A Lawful Permanent Resident Mother During Her Temporary Absence From The U.S

Children born during the temporary visit abroad of a lawful permanent resident (LPR) mother are classified as NA3.

     · A child who meets the requirements of the NA3 classification is exempt both the passport and immigrant visa requirement when arriving in the U.S. for the first time.

     · The child must apply for admission to the United States within two years of birth.

Effect of Divorce on an Employment-Based Case and Cross-Chargeability
Getting married when AOS I-485 is pending (following to join and other options)
October 2015 Visa Bulletin Confusion FAQ's

FAQ's Updated on 21 September 2015 

US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/ZHaiZELtWCE?t=221

FAQ Transcript:

This is one thing very common in many cases. The issue of applying for a green card, when you are visiting on a tourist visa or even converting a tourist visa to H-1, L-1 and student visa is always a problem.

Dual Intent Visas and Filing green Card in Multiple Categories Simultaneously

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/R4-_pic6TzY?t=103

FAQ Transcript

Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=baprYGs8IzQ&t=782

FAQ Transcription

Green Card Process for Spouse of US Permanent Resident

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=QvnIAm0nQJ8#t=99

 

FAQ Transcript

Parent of a Green Card Holder - Options for Them to Stay Long in the US

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

Green Card Before Marriage

It is difficult for me to plan your course, but the law is relatively simple. If you get married BEFORE green card approval, your spouse is entitled to "follow to join." That process tends to be quicker than if you get married after you get the green card approval.

Proving Relationship Through DNA

This issue has been coming up more frequently in family-based immigration petitions than it ever did before.