Frequently Asked Questions - Green Card through Parent or Child

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.

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.

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.

Child Turning 21, Immigration Consequences for Pending Green Card Cases
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.

FAQ Transcript

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.

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. 

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.