Family-Based Green Cards

Green Card for Husband

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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.

How to apply for work authorization after I130 approval?

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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).

Parent of US citizen - Child born in USA

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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.

Change of status for Beneficiary

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I am green card holder in USA. I filled I130 for un-married son (above 21) in July 2001. He got married in May 2005 and lives with his wife in USA on H1B. My application I130 which i filed in July 2001 for unmarried son has been approved. I am waiting for their communication. My question is Will my son be eligible for the approved application by just changing his status to Married and get his greencard along with his wife?

As far as I know, marriage automatically disqualifies your son. Sorry.

Green card Family category 4

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Cut off date of approved petition for my sister and family is 17 May 1999. My sister who is Indian citizen, is at present in Botswana. My nice who is 18 yrs. and approved in petition is aready in US on valid student visa. Can she apply for change of staus indepentally when visa number is available or it has to be together with family . Can she apply before her parents apply or it has to be simultaneous?

 I have not looked into this issue specifically but my instinct is that AOS within USA may be problematic for her before your sister gets her green card. As a practical matter, she will only need to make a brief - perhaps a week long trip once to get her green card with the family.

How long is the waiting?

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I have a sister to sister petition on Jan.14,1998 under 245(i). Me,My husband and,our daughter already here in united states.We've been working now for 13yrs never stop. We bought a house and a car under our name,we file and pay taxes,we have a drivers license under our name.My question is what kind of financial support that my sister is gonna show,if we make more than she makes,is it not gonna be a problem? What is the time frame means? When the last time i checked my EAC at the uscis is sept.01,2001.pls.help

The waiting is determined by your country of birth and the category of immigration. The visa bulletin tells you when your date will be current. You can then apply for your last step of immigration. As to the issue of support, it should not matter if you make more than she does. Also read the instructions on Form I-864.

Marriage during F1 status

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1. My son has LPR status and wishes to marry a girl who is on student visa valid for next 3 years. Is she required to maintain her F1 status after her petition is filed after marriage.? Can he apply for AOS after filing the petition? Appreciate your guidance.

2.Can she stay as long as she has valid F1 visa and opt to follow? After this period she may try for H1

1. She cannot apply for her AOS unless the priority date is current (which takes several years). And she has no legal status just because an I-130 was filed or approved. An additional problem is when an F-1 marries a green card holder, govt. can take that to be a violation of their non-immigrant intent, if that becomes an issue. That problem should not exist as and when she takes on an H-1.

Sponsoring my Mom for reinstating Green card

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My Mom had green card several years ago and lost staus. Now I would like to sponsor her for lost Green card. Will there be a preference or does it help her get GC faster? She is planning on coming here on a visitor visa and then file for sponsoring her for GC.

I am assuming you are a US citizen. You will be applying for a new green card, not reinstatement. As to the issue of applying for a green card after she enters on a visitors visa with a pre-conceived intent to apply for green card; this CAN (not always) be problematic. USCIS can consider this to be an improper use of her B visa.

Green Card holder parents bringing to US a child born outside USA

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If the Child is born in India and we have the GC by that time, is there any way the child can travel to US?

Your child may accompany you or travel with you to the U.S if the following conditions are met:
a) the child has a separate passport;
b) has a birth certificate from the corporation, municipality or a registrar of births and deaths (please note hospital records are not adequate)
c) the child accompanies the immigrant mother or father upon her or his return to the U.S following the birth of the child
d) the child is under the age of two years
e) the immigrant mother or father has a valid Form I-551 or I-151, alien registration receipt card (in short called