Family-Based Green Cards

Interview at Fairfax

I had my interview at 1:30 at Fairfax VA. Had printed my family picture at 12:50 on the way to interview it was heavy rain and reached there nick of time. We were called by an African American lady after 5 minutes after giving our oath she asked our ID and then got sign the waiver as our attorney was not with us. she asked question from my I-485 and she was very polite and calm everything was going smooth then she turn to my husband and ask about my date of birth which he forgot for few second and the then told her.

U.S Citizen, filing for 18 year old sister

Question details

I am a US citizen and I filed I-130 & I-485 for my mother to gain her permanent resident. She's in the United States as well as my little sister who is under 18. Would my little sister get her status upgrade as well because of her age? Or do I have to file separately for her?

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

Question details

My mom had applied for my green card in March 2001 and the date became current in Nov 2008 which is when I received a letter asking me to confirm the address and to pay the fee of 400$. But unfortunately I got married in Dec 2008 thus didn’t pay that amount as I wont be eligible to do so. I am in USA right now on E3 visa and my dad has become a citizen, not my mom. My question to you is can I adjust the status to a green card or will I have to wait for my mom to become a citizen.

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.

Guestbook Entry for Parampreet Sidana, United States

Name
Parampreet Sidana
Country
United States
State
NY
Comment

I had queries about filing Green card for parents, Mr Rajiv Khanna has extended his help. He is very thorough in his work, because he had worked various kind of cases. So he understands the issue in really quick manner and provides solution without wasting any time.  He provided me his guidence, though i am still not working with him directly. He is really great person and professional. Also, Leslie had been very helpful in scheduling the disucssions. I am thankful to him. God Bless him.

USC sponsoring mother's GC

Question details

I am a US citizen and I am filling up forms for my mother's GC. She is currently in US on a visitor's Visa. There are a few issues
1. My last name and my Mom's last name is a bit different - thanks to my school which goofed it up. They are phonetically similar though. Will it cause any issues when applying?
2. I am trying to get a non-availability of Birth certificate from India. But I am running into brick walls. How important will it be in the GC application process?
3. After I file the GC papers will my Mom be able to stay beyond her current I-94 dates.

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

Family Based F4 GC

Question details

Currently on my third year of H1B visa. If my sibling were to begin a family based F4 GC petition for me now, and the priority date is 12 years away, is there any way for me to continue to stay in the US until the GC is approved after I have used up my 6 years maximum of H1B? Are there any extensions possible based on the pending GC application? Or do I have to go back to India after the 6 years of H1B and wait there until the GC is approved?
Also, I should add that the above scenario is assuming that I don't have an employer-sponsored GC petition.

Unfortunately, the law does not permit you to wait the 12 years in USA just because you have a GC pending. No H-1B extensions are available on this basis. You will have to wait outside USA. Of course, you can come back on H-1 once you have reset the time by staying outside for one year. By the way, it is permissible for a person to apply for green cards through multiple categories simultaneously.

Guestbook Entry for Coskun Unal, United States

Name
Coskun Unal
Country
United States
State
MD
Comment

This comment for Law Offices of Rajiv Khanna should be written 3 years ago. Sorry for the delay. My case was one of the most complicated and long-shot cases, regarding the fact that I was a diplomat in USA and my wife, as a diplomat Spouse (A-1 dependant) found a unique opportunity to work as a Senior Developer in a big company. After company's decision to sponsor my wife for GC, we didn't want to go with company law department, but instead decided to apply to Mr. Khanna and his staff to lead and guide us through the process. The reason for our choice was positive recommendations and all those admires happened to be true that my wife was able to get her GC in 6 months. Because of my diplomatic position, we were advised to hold my case and activate it when I was back home. We left US in 2008, activated my file by 2009, and as of 2011 my wife, our 3 y/o son and myself turned back to USA as permanent residents, thanks to Mr. Khanna and his proffessional staff which followed every detail and filing efforts precisely. We will definitely ask their assistance for our naturalization process.