Family-Based Green Cards

Sponsoring daughter over 21 on F1 status

I'm a permanent resident and I would like to know if I could sponsor my daughter who is over 21 and is currently on F1 status. If so, would she be allowed to stay in the U.S. if her visa expires during processing? How long will this process take.

I am assuming you are asking me whether a green card holder can apply for a green card for an over-21 child. The answer is yes, as long she is unmarried, you can. But she cannot stay in USA based only upon the fact that you have applied for her.


Check out the Visa Bulletin: http://www.immigration.com/visa-bulletin


 

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

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Green Card

I married a US citizen on may of 2009 and we were going to have a baby but we lost it a month ago. I entered the US illegally when I was 3 years old I am now 21 yrs old. A few years ago my moms employer filled an I-140 for her and all her children including myself were on the application. I want to know if that would benefit me in anyway?

May be Section 245(i) can help. Call and check with your mom's lawyer. Also explore the fact that you are married to a US citizen.

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

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Eligible husband?

I am a U.S citizen,I got married in U.S.A., my oldest son was born there,and I have 2 more sons that were born abroad and are citizens too, my husband had a green card, but he had drug trafficking problems almost 15 years ago, something like conspiracy, thats why we are living outside the U.S., if we want to go back, can something be done about this so the whole family can live there again? Can he get like a pardon and get a green card again, or there is no way this can be done?

Because you are a US Citizen, there could be waivers available for offenses committed by spouse. You may want to check first with the US consulate in the country where you are living.

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

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Immigration after I-130

I found your site is very helpful to know the US immigration. I would like to ask few queries about Immigration. I have just got notice the petition has been approved as relationship of sister. My Brother is living in US, He is US citizenship card holder. My query is how many years or months should I wait for the Interview of VISA.. Does it take long time or now it is very short? I tried to search in different site but I didn't get my answers. As my understand this is in F4 categories. I am from Nepal. I would be very glad if you provide about my answer of question.

Wait times are governed by priority date. Read the visa bulletin: http://www.immigration.com/visa-bulletin

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

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Petitioning for Parents

I want to know if I am applying for both my parents to immigrate I do know I need to do 2 separate petitions. But do I need to pay to pay 2 separate fees as well, or what is the process please help thanks.

As far as I remember, separate forms are needed for parents. Read the instructions on Form I-130.

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

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Brother and Family Immigration

I am a US Citizen and I filled the forms for my brother to come here, but I want his son also to come because he is a very skilled computer programmer and I need him in my business. I included him in my petition form but he is 25, is it possible for him to come here? They are in Cuba.

Look into a work visa option for him (H-1, H-2B, etc). Family-based would take too long.

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

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Renewing a green card

I am a US Citizen, my husband is a permanent resident whose green card expires in Nov. 09. Does it automatically get renewed or am I required to sign something? And what happens if I am contemplating a divorce. Does he get deported?

If he has a "permanent green card," divorce has no impact on it and renewal is a minor process in which your signature is not needed. If he has a conditional green card, he is required to file Form I-751 (read the instructions), where if the marriage was entered into in good faith, he can obtain his permanent green card even without your signatures.

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

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Green Card for Husband

I just got my citizenship. My husband has an expired F1. We've been married for 4.5 yrs and live in the States, what do I have to do to get my husband permanent resident?

You need to file a whole bunch of forms (including but not limited to Forms I-130 and I-485). There is no way I can assess the whole situation since he is out of status. I do suggest you get a lawyer locally where you are.

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

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How to apply for work authorization after I130 approval?

I found this site so useful for valuable information. I got approval from I 130 and I am in US with F-1 visa. Can I submit I 485 without immigration number? Also Can I request for the work permit on this basis?

I am glad our site has helped you. You can receive work authorization only when you apply for your I-485 (Adjustment of Status). You can file that only when your priority date is current. Mere I-130 pendency or approval gives you no help unless you are an immediate relative of a US citizen (like spouse or parent).

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

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Parent of US citizen - Child born in USA

My son was born in the US, he was 2 months premature and his birth in the US was pure accident since i was on vacation there when i developed a complication and had to be hospitalised at 6 months pregnant. He is only 8 months, and we are living out of US. Is there any right for parent of young US born child to apply for residency so the child can be raised in the US?

The good news is that the child is a US citizen by birth. The bad news is that does not help the parents. He can apply for you only when he turns 21.

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

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