Family-Based Green Cards FAQs

Green Card through several categories

Authored on: Thu, 12/02/2021 - 02:30

Question

I got married last month ! My husband is a GC holder and next year is going to become Citizen , I have my GC (I-140- Approved) with a priority date of September 2019 on EB3 . What are my best options here ? Do I wait for him to become a citizen and then apply for my GC through his citizenship ? Or shall I apply GC now through his GC status, before he becomes a citizen ? Or shall I wait for mine ? Will my pending GC still be valid if I apply through my spouse ?

Answer

You should apply through as many green card categories as are available to you. The family-based green card can be upgraded once he becomes a US citizen. You will be able to get and keep the green card through whichever category comes through first.

 

Obtaining student or visitors visa while a green card is pending

Authored on: Wed, 10/13/2021 - 07:50

Question

I am 19 years old and live with my parents in India.  I have an approved F3 family based immigrant petition which the National Visa Center has shown as “documentarily qualified” since April 2020 My priority date became current in January, 2021. I am waiting for my interview and  have received three  emails, each requesting I wait another 60 days for my next reply. This fall I enrolled in an associate degree program at  a community college in Maryland. I am studying online from India. Should I apply for an expedited F3 family based visa interview based on my educational needs if I want to go and study in the U.S.?

 

Answer

Video URL

 

Green Card final interview process/questions asked, etc.

Authored on: Thu, 08/26/2021 - 06:30

Question

1) Please list out what are the documents need to be carried for final interview by main applicant and the dependents?

2) What are the general questions we can expect from the officer during the interview who makes decision and how the interview process will be, so we can be aware and prepare ourselves?

Answer

Video URL

Applying for Mother's Green Card and Birth Certificate Issues

Authored on: Mon, 06/14/2021 - 05:39

Question

I am planning to file green card (I130/I1485) for my mother. She was born in 1949 in India and does not have her birth certificate. Only identity with date of birth she has is her passport and Aadhar card. She has visited US couple of times.

  1. I want to know is it required for her to submit birth certificate or a non-availability of birth certificate for I485?
  2. What are the options if these documents are not available?
  3. Does USCIS accept birth certificate from the Indian consulate in NY?

Answer

Video URL

Birth certificate problems for parents

Authored on: Mon, 07/13/2020 - 11:25

Question

I applied I-130 for my father to get his GC through Consular processing. I'm a US citizen myself. However I got RFE asking for his birth certificate. I have these queries: The supplemental documents for I-130 for parents as per USCIS application only need US citizen's birth certificate and not the parent's birth certificate. So I don't understand why RFE was issued at this stage? My father was born in the time when the birth certificates were not available. As per the dept of state reciprocity website, it clearly states: "Exceptions: Birth certificates are not available to persons born prior to 1968. " Since it is acknowledged by reciprocity that birth certificates are not available, do I still need to provide NABC (Non-Availability of Birth Certificate)?

Answer

 

Video URL

 

 

Impact on US immigration for violation of other countries’ laws

Authored on: Mon, 07/13/2020 - 06:14

Question

I recently became US citizen and now planning to file for green card for my own parents from India. However, in past my parents overstayed on their visitor visa(6 months) in UK from 2002 to 2013. They applied for asylum in 2006 and case was going on but then they withdrew their file and then they were sent on their emergency passports(as their old passports were lost and expired, they were given white passport) to India. They had no other criminal activity there and also have No Objection Certificate from Police department of the city they were staying in UK. Now they have their new passports printed from India.

I wanted to know that Does any of this situations in past makes it difficult for them to obtain permanent residency in USA?

Answer

Watch the Video on this FAQ: Impact on US immigration

for violation of other countries’ laws

Video Transcript

I do not see how breaking UK immigration laws should impact their U.S. immigration. FAQ in detail...

 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

I-130 Application For Mother and Father

Authored on: Mon, 03/05/2018 - 10:21

Question

I would like to apply for green card for my mother and father. am a US citizen, they will be coming to US in next month on tourist visa. How long will I have to wait (day/months) after they land in US, before I can file for their green card.? Also, if law changes for so called "chain migration", can that law be retroactive for applications in the que? Any comments on that would be appreciated.

Answer

Your parents must not have a preconceived intention to file for a green card. I have covered this issue in a bunch of our frequently asked questions. Please take a look. In the USA, ex post facto laws are considered to be unconstitutional.

Immigration Consequences of a Denial of Entry at the Airport

Authored on: Mon, 10/23/2017 - 08:44

Question

I had been travelling to the US on a tourist visa for all my life, in 2008 I had to travel out of the country and when I returned to the US, in the Minneapolis checkpoint they found a pay stub from my work which I obviously shouldn't have had since I didn't have a work permit, they took away my tourist visa and made me sign what looked like a "voluntary departure" or "refusal of entry" I really can't remember exactly the term that I signed and was returned to MX the next day. <br>

My questions are:<br>
1. Is there a website where I can see if I was penalized? <br>
2. Will I be able to solicit another tourist visa? <br>
3. If the answer to the above question is yes, given the political climate, do you think it is a good idea to go through the whole process again or would it just be a waste of money?<br>
4. My father has become a US citizen, I'm unmarried, can he request citizenship for me or residency? approximately how long is the process?

Answer

Watch the Video on this FAQ: Immigration consequences of a denial of entry at the airport

Video Transcript:

1. You can file a Freedom of Information Act (FOIA) request with Department of Homeland Security (DHS) or U.S. Customs and Border Protection (CBP) and or USCIS and see what information they have on you and within a few months they should be able to give you a copy of your document everything that they have on you and this doesn't cost you anything.

2. Do remember tourist visa is not a guarantee. The consular officer could refuse you a tourist visa for many reasons, so even if the fact that you worked without authorization on a previous time is long gone the prior bad history could be used to deny you another tourist visa.

3. As long as you don't lie about anything, by all means, you can try.

4. You have to go through green card and it takes many, many years. So if you go to the visa bulletin there is a category for unmarried children of US citizens and it takes several years. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Fastest Method of Getting Spouse of a Green Card into the USA and Reducing Wait

Authored on: Thu, 08/31/2017 - 05:55

Question

I am a US permanent residence (Green card holder) working in the US. I have received my Re-entry permit which will expire in Feb 2019. I have plans to get married to a bride from India and I will be visiting India shortly. I know that to process Family based second category GC (F2A) for my wife in India can take a minimum of 2 years and I will be separated from my wife during this time. Here is my plan to live together (with my wife from Day 1 in the USA) after getting married in India. After my marriage, ask my wife to apply for a tourist visa and I will send the sponsorship letter required by US consulate. Do you see any challenges in my wife's tourist visa application getting approved if my wife states that she is visiting the USA to see her husband if the Visa officer asks any question?

Answer

Watch the Video on this FAQ: Fastest method of getting spouse of a green card into the USA and reducing wait

Video Transcript

Normally if your husband is living in the United States, the consulate is not very easy going about giving visas because they suspect that once you enter your husband will apply for your green card. Hence getting a tourist visa itself is definitely questionable. Second is when you apply for a tourist visa any representations you make must be absolutely and meticulously truthful. You cannot make things up. Hence tourist visa is by no means guaranteed but certain visas like H-1, L-1, O-1 don't really care whether you have family living in the USA. So if she qualifies you could look at something like that. More...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Reentry Permit to Preserve Green Card and Extensions

Authored on: Thu, 07/27/2017 - 06:16

Question

I am a naturalized US citizen through marriage since August 2015. I have sponsored for my brother and mother. Being an immediate family member my mother got her green card within 7 months and for my brother, it's probably a waiting for 12 years. However, I have not sponsored for my father yet because he is currently handling the business and property in India. My father has tried 3 times for tourist visa in last 2 years but he got rejected by the US embassy in Delhi. We don't want to try again for the tourist visa now. I want to sponsor green card for him now but need advice on a couple of concerns. It can take my father up to 7 years to wrap up everything. What is required for my father to maintain his green card in terms of physical presence/physical travel How long can it maintained without being actually living in the USA more than 6 months? We cannot do an investment here for a new house in his name due to financial concerns. In other words, I have concerns like if my father is unable to maintain the green card status and unable to obtain a tourist visa, then will he be stuck in India forever?

Answer

Watch Video on this FAQ: Reentry permit to preserve green card and extensions

Video Transcript

I think it is ok. You can get him a green card and then do a re-entry permit if you feel that's appropriate and if he loses his green card then he loses it. That's ok, you can always reapply again. If you have something to file, please go ahead and file it and don't wait up for it. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.