Family-Based Green Cards

GC for parents

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Parents were in US July 2008, filed for an I-94 extension end Aug 2008 from Dallas, which was submit to VSC and subsequently routed to CSC their port of entry California. Extension was denied end Jan 2009 (guessing since they had extended 2 months the previous visit in year 2007). They left Mar 2nd 2009 (meeting the 30/31 day exit requirement).
Are they ineligible for GC? If so how long? Is there an alternative?

It does not look like they were unlawfully present for over 180 days. So, I don't see why there should be a problem with the green card.

Can we still file for AOS

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If my finace has overstayed his visa does that make him ineligible for AOS?

If he entered legally and is not subject to any other bars, and if you are a US citizen, he can apply for AOS when applying for his green card through marriage to you.

6 month rule

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Good day, my concern is regarding the status of my mother. She is a GC holder and been staying here in the philippines for seven months now because of some family matters, she wants to go back to he US in june, 2010, what is the status of my mother , and what are the possible charges ( if there is), and how much?

Your mother should be prepared to explain the reason for why she was away from USA. If she stays outside for a year, she will lose her green card.

GC for Wife

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My wife and I have been married for 15yrs. I am a U.S citizen and she is Mexican Citizen. We have been in mexico since 2001 and I want to get her green card. She went last year for a tourist visa and they said she is band for 10 yrs since she entered the U.S in 2001 without a visa. My question is can I go ahead and file for her GC even though we have 1 more year before the 10 period is up? Also since we have been here I have not filed income tax since she has a business here and pays taxes here I dont show income but she has a uncle in the U.S who will be able sign for support.

I have not reviewed the law specifically, but I think it is permissible for you to start the I-130 process even now and you can get a co-sponsor for the financial support.

Married to a US citizen

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I got married to a US citizen in Mumbai under the Special Marriage Act about a month back. He is currently in the US and I am also planning to immigrate there with him. I have a tourist visa & am planning on going to the US on that visa and then apply for change of status. Will it be ok to do that? & once I apply for change of status, am I allowed to stay in the US beyond the regular tourist visa timelines (meaning the stamp given at the immigration counter at the airport showing the last permissible date of stay in the current visit)?

Greencard holder filing for a non-US citizen

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I am a GC holder currently working in Texas. I lived in Ohio, still have an Ohio drivers license and still maintain a house there where all my letters go. I am trying to file for my wife who lives outside of the US. Should I be filing from texas or Ohio?

I think you should go with your actual place of residence. Also, remember to file Form AR-11 every time you move.

Petition for Father and Husband

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I am a US Citizen, i want to petition my Father and my Husband,. Can I do that at the same time though? I mean pass the petition of both at the same time?

Yes you can. There is no limit to the number of simultaneous filings other than your financial ability to support the family members for whom you apply.

Green card under the Child Status Protection Act

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I have a friend who got his green card recently. His sister in law was the one who applied for the green card which was filed on October 1997. His son was 14 at that time. By the time he got his green card, his son was 22, so the son didnt get the green card. Can my friend's son still get a green card under the Child Status Protection Act, or some other ruling?

Your friend can apply for an unmarried child independently. Application of CSPA requires analysis of specific facts. I suggest your friend should consult an immigration lawyer for that.