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Daughter of U.S. Green Card holder

Submitted by Chief Editor on Nov 4th 2009, Modified on Nov 4th 2009
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I am married to a U.S. citizen. My two sons from Malaysia under 21 received their GC are already in the U.S. My husband could not file for my daughter as she was above 18 when we married so I filed on Sep 2009, I-130 before she turned 21 . My question, is there any way to bring her to the U.S. ONLY to visit us until her I-130 gets approved. We only want her to visit us and not overstay in USA.

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.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Green card F-4 Family Category

Submitted by Guest on Nov 15th 2009.

Rajiv Ji

With the current dates My sister case is under process for For GC with NVC. She is out of India on Work visa in Zambia for the last 10 years. She and her husband are not having Birth Certificate,no record. An affidavit from parents and Birth certificate from Indian Embassy Zambia was submitted. But they still want No Record Certificate from India, which is not possible to get at this stage. I submitted my Marrige certificate from Hindu priest becuase marriage no recorded. I submitted Affidavit from my parents, but it looks they still require no record from India.Kindly Advise.

Alok

Green card F-4 Family Category

Submitted by Rajiv S. Khanna on Nov 16th 2009.

A non availability certificate is essential and CAN be obtained. Marriage certificate should be an easier issue because as far as I know under Hindu Marriage Act marriages were and are not required to be registered. If uncomfortable, you want to to retain counsel locally where you are located.

Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.

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