Green Card through Children

GC Holder Sponsoring Parents

Question details

1. I am Green card holder, can I sponsor my mom for dependent visa, she is in India?<br>
2. Is there any time limit for which extension to be provided?

1. You have to be a US citizen to sponsor her Green card. For Green Card holders as I recall the only family other than the children and wife they can sponsor is unmarried adult children over 21 but unmarried you can apply for their Green Card. Once you become US citizen your possible beneficiaries can be larger including your parents. There is little-known provision that is sometimes used, use it if it's necessary when let say your parents they don't have anybody in India to take care of them.

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US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues

Question details

I am a US citizen and would like to sponsor green card for my parents once they arrive here. I have couple of questions related to that. 1) My mother’s birth certificate contains name before marriage, is this going to be an issue? Her passport contains her name after marriage. Her mother and father expired long time back, and she is the eldest daughter. 2) My parents does not have marriage certificate with them what are the options. They cannot go their original place to get the marriage certificate 3) My father does not have birth certificate but has College degree/certificates mentioning his date of birth. Will this suffice the requirement, if not what are the options he has? Again he is not in a position to go to his birth place nor is he in position to take help from his elders to give affidavit for him. His mother and father passed away long time back.

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

 

FAQ Transcript

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.

Naturalization eligibility for recently extended absences over six months and less than one year from the U.S.

Question details

My father is a green card holder (five years, three months now). He has spent 33 months in the US in the last five years and for 6 months every calendar year. The issue is that on two of his most recent trips, he was out of the US for nine months, six weeks, and 11 days.

He has always been retired and has not held a job in the US or abroad. His daughter and family continued to stay in the US during these trips. He does not own a house in the US but stays with his daughter and her family and continues to have access to that residence during these trips. He does own property in India and has continued to hold that same property over the last five years. His trips abroad were to visit his other children.

What are the rough chances of "rebutting the presumption of break of continuous presence", if he applies for naturalization, despite these two trips of 9 months and 6 months two weeks ? Would you recommend going through a lawyer ?

Regarding the 9-month absence that is being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable as long as there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, as long as these reasons are clearly explained, it should be acceptable.

 

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FAQ Transcript

Regarding the 9-month absence being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable if there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, it should be acceptable if these reasons are clearly explained.

US Citizen child living in India applying for parents' green card at the age of 21

Question details

My cousin’s family relocated to India from the US. They have a US-born daughter who is a US citizen.
Now the daughter wants to come back and study for a bachelor's in the US. Once she turns 21, can she sponsor the Green Card for her parents? If so, I would like to know details about the process and timeline involved.
 

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FAQ Transcript

Once she turns 21 she can definitely apply for you as long as she's domiciled in the United States by the time you go for your Green Card interview at the consulate.

Parents staying in or traveling to the U.S. while their green card petition is pending

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Would there be any issues with parents reentering the country after filing for GC application? Say the parents entered the US on a B1/B2 visa but applied for GC while they were visiting (not for the first time). They were going to file for it once they were back in the home country anyway, but decided to submit the application now than at a later date due to some health situation that came up during the visit.

Are there chances of the application being denied/or will the parents not be allowed to reenter the country because there have been some medical emergency that happened during the visit? Should those factors need to be addressed before exiting the country before the 6 months stay time is up? And would it still be a problem if that has been addressed with the provider, given it will all be in the history file now? Would there be some state assistance that anyone can get some help with in terms of financial and patient well-being and all?
 

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FAQ Transcript

I have known many immediate relatives of the U.S citizens and they have never had a problem. However, theoretically the problem exists. It would be right to do an immigration pre-clearance somewhere close to home.

Regarding your query on medical emergencies, you could tell them that your parents took the medical treatment. As long as there was no government funding I do not see any problem.
 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Concerns and issues while parents are traveling to India with Advance Parole while waiting for the Green Card

Question details

I am a U.S. citizen and I had applied for a green card for my parents and they were in the USA and now they have received their Advance Parole.

1. When our parents have Advance Parole, is there any special process to leave the U.S.?

2. Do we need to inform the airline staff during their check in process?

3. Even though Advance Parole documents specify that parole is valid for one year, is there any advisable timeline they could stay in India on Advance Parole?

4. What is the process for entering the USA on Advance Parole besides showing their parole documents to the CBP (Customs and Border Protection) officer at the airport?

5. Any instructions or guidelines for using Advance Parole?

6. What if their Green card gets approved while they are in India?

1. The answer is No.

Last name in Passport and GC processing

Question details

I am filing GC for my mother who is in US on visitor visa & her I-94 got extended for another 6 months. She never used her surname on her Indian passport? What should I mention in the last Name on I-130 & rest of the forms (I-485).Should I mention NA or not used or leave them blank?

You have several choices, including "No Last Name Used." If she wishes to use some other name, including adding a last name, now would be a good time to do it.