Form I-130 FAQs

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

 

 

Effect of immigration proclamation/executive order on green cards

Authored on: Tue, 05/05/2020 - 01:39

Question

I have a question regarding the impact of the recent Executive Order on my parents' greencard application, which is currently underway. I’m a US citizen (India-born, recvd greencard via EB category) and have sponsored the greencard application for my parents, who live in India, via consular processing. I-130 is approved, and we filed DS-260 and Form I-864 on 4/22 before EO was announced. Does the EO impact their case, or given it’s already in-progress (past I-130 approval), will it continue unaffected?

Answer

Watch the Video on this FAQ: Effect of immigration proclamation/

executive order on green cards


Video Transcript

First of all it does not apply to people who are already in the United States. It impacts, only to the extent that they will not get the immigrant visa stamp on the passport for the next 60 days. 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.

Tourist/Visitors visa for people with special needs or challenges

Authored on: Fri, 02/14/2020 - 00:39

Question

I am planning to sponsor Visitor Visa for my sister,she was diagnosed with Down syndrome when she was 1 year and she is now 45 yrs old.
Considering her condition, i would like to know what additional documentation is required for visitor Visa B1/B2 apart from I130, letters to consulate & bank statements.

Answer

Watch the Video on this  FAQ: Tourist/Visitors visa for people

with special needs or challenges

Video Transcript: 

Since Trump administration has proven to be extremely hostile to immigration, both legal and undocumented I cannot predict what the consulate is  going to ask. My advice would be to go ahead and apply for her like it is a normal application. Now I also want to add that any people with special needs or challenges as long as they don't pose a threat to the US people or their property they should not have any extraordinarily more difficult burden to carry than anybody else but medically they might have to prove that they can be taken care of. 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.

Filing Change of Address

Authored on: Wed, 11/21/2018 - 11:00

Question

I would like to know whether I should update my residential address to USCIS or immigration department in order to keep them informed of my updated address?? Since I'm the beneficiary and my wife is GC holder, she has applied for my I-130 of family based Green card when I was in New York and now I've moved to South Carolina, are we suppose to inform immigration department? If Yes who should inform them, can I give a permanent Mailing address different from my residential address since I may be working on short-term contracts.

Answer

Watch the Video on this FAQ: Filing change of address

Video Transcript

If you are on a nonimmigrant visa you have to notify the government about your address change. If you intend to live with your wife and you are working on a short term contract , I would  suggest you to give your wife's address as your permanent address. I think that's ok, especially if you are working on short term projects and moving from one place to another. 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.

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.

J-1 Physician applying for following to join after waiver

Authored on: Wed, 03/01/2017 - 23:20

Question

I am a physician currently in H-1B undergoing 3 years of J-1 waiver program which is set to be completed on July end of this year. My husband got his greencard through E-B2 category (rest of the world) in early 2013 When I was still in J-1. My name was included in I-140 but could not file I-485 due to my J-1 visa. I have been married since 2006 and came to the US initially on H-4 visa before getting residency in J-1 visa. Is there a possibility of filing my I-485 directly without waiting for the long I-130 approval process? Or is there any exceptions for a situation like mine such that spouse happened to be in J1 and could not apply for a change of status at the time primary applicant applied for I-485?

Answer

Watch Video on this FAQ: J-1 Physician applying for following to join after waiver

Video Transcript:

Yes, if you are in the USA in legal status and his priority date through which he got his green card is still current you should be able to file your I-485 directly. 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.

Applying for green card while visiting the USA

Authored on: Wed, 11/25/2015 - 07:27

Question

I am contemplating marriage to a GC holder and I have a question regarding I-130 and AOS. My prospective spouse got GC in Jan 2015. I currently hold a valid visitors visa to USA and I have visited USA many times on this visa.Is it possible to get married, enter USA on the existing visitors visa and then immediately apply for I-130 and Adjustment of Status. What are the risks/implications with this approach. What is the best procedure in these circumstances?

Answer

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

https://youtu.be/H_VV9kV_lOg?t=2303

FAQ Transcript:

It will be wrong if you entered USA for a visit visa and had a preconceived intention of getting married. I think that would be considered as a fraud by the government. On the other hand, you entered USA wanting to visit and fell head over heels in love with somebody, I think in a case like this we can definitely go and do a green card if you can demonstrate that you had no preconceived intention then I think you are ok. 

My advice to people is don’t get married till you apply for a K-1 (fiancé visa) which would be a smart thing to do in a situation like this. It takes a few months or maybe more than a year.

I-130 Petition

Authored on: Mon, 08/31/2015 - 13:52

Question

I am a US Citizen residing in the UAE with my Wife and two children. My Wife is a Syrian passport holder. We petitioned her case for residency in the US under I-130. We have received the first notice from the NVC which was on the 24th of June. The letter stated that all documentation necessary to complete the National Visa Center processing of your case has been received, and as soon as an interview date has been scheduled then we will be notified.
How long does it take to receive the second notification with an Interview Date that we are closing on week eight?
Is there a way that you can expedite an Interview Date?
If the answer is Yes, Could we officially request your service?
Case Number: ABD2014671004
Beneficiary's Name: KINANA WARD
Preference Category: IR1
Priority Date: 25-NOV-13

Answer

Hi Loay. Times are highly variable from a few weeks to a few months. Expedites are only granted for showing of some sort of urgent humanitarian situation in cases like yours. We would like to help, but I am not sure we can add much value at this stage. Contact us if there are any issues (other than timing). 

Withdrawal of Application for Admission at the Airport Under INA 212(a) (7)(A) (i)(I) & 235(b)(1)

Authored on: Fri, 11/14/2014 - 07:08

Question

Iam a Indian National Married to A US PR holder She has cleared her N400 Interview .I have been last year Denied Admission (deported) from Airport after me being initially on Student (F-1) Visa & then on H1B (61/2 years previously)
with Citations : 212(a) (7)(A) (i)(I) & 235(b) (1) .<br>

The questions I have for you are :<br>

Q) Do I have any 3 yr, 5 Yr or 10 yr ban on my entrance to USA ?<br>
Q) Do I need any waiver like I-212 or anything else for my future entry to USA ?<br>

My I-130 had been approved and I believe I can upgrade my I-130 by my Spouse sending her Naturalization Certificate & her passport copy to NVC(Kentucky)<br>

Q) Do you think I might have difficulties while facing this changed IR-1 Category Visa Interview and any other problems at the Port of Entry ?<br>

Q) What timeframe does NVC take to notify the Consulate & Can it be Hyderabad,India ? & Overall how much time will it take for me to get the Visa or the Conditional Green Card

Answer

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

https://www.youtube.com/watch?v=xp4B1_qhvtM#t=1825

Reopening a K or I-130 Designated for Revocation by USCIS

Authored on: Tue, 07/30/2013 - 06:32

Question

Can an attorney reopen a K or I-130 designated for revocation by USCIS? If yes, what is the procedure?

Answer

The State Department says that the Consulate will review additional documentation until the case has been physically transferred to USCIS.