Green Card through Parent or Child FAQs

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

Parent of a Green Card Holder - Options for Them to Stay Long in the US

Authored on: Mon, 01/12/2015 - 14:31

Question

Need your esteemed advice for my mother (75 years old, sick and disabled). We are only two sons and our father passed away last year. We have nobody back in Pakistan who can keep her and look after her. My brother lives in UK. I am living and working in USA (on EB-2 green card). My mother had been refused UK visa twice as she has no sufficient family ties to home country (Pakistan). I received my green card in April 2011 therefore I have some time still remaining to apply for my US Citizenship (January 2016) and then sponsor her. <p>

My mother B-1/B-2 visa is expiring in August 2015 and keeping in view her long frequent trips to US (she always departed before I-94 expiry, no overstays) and insufficient family ties to home country (Pakistan) her B-1/B-2 re-stamping seems very hard.
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Can you please advice what can be done here? What are the options to keep her with us in US?

Answer

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


FAQ  Transcript

This is another very commonly encountered problem. Where somebody’s here on an H visa, L visa or Green Card and their parents are in India, Pakistan , UK or somewhere else and the child is the only support for the parents and  the parents are not eligible for any visa to come to the US . We had actually on immigration.com in our sample cases (http://www.immigration.com/sample-cases) there is some mention on cases like this we have done. It doesn’t mean that they will always be successful but really the law permits for a tourist visa and then continued extension of a tourist visa. Sometimes the USCIS and the State Department might  consider it to be an acceptable reason for a parent to live in USA on an extended basis. So if your brother has tried to go to the UK and they have not been able to procure a visa to the UK and you are in USA and you being a  Green Card holder of course cannot apply for them until you become a US Citizen.  I think it would be a good idea to apply for a tourist visa.  Make it clear that they want to come and stay here long term as far as the law allows them to.

Once again it will be a good idea to try that. I am not sure if it will work but it is worth trying.  Does the law permit a B-1 and B-2 in these circumstances the answer is “yes”. You can actually disclose to the consulate that your parents are going to USA and intend to stay there as long as the law permits because the son resides in UK.

 





American born mother and daughter born in Mexico

Authored on: Tue, 03/30/2010 - 14:49

Question

My mother is an american born in US and I, her daughter was born in Mexico. Am I an American citizen or what papers do I need and what do I need to do? Do I need a green card or what should I do? I have 4 sons that were born in US ages 22,20,15,12. Can one of them sponsor me or what status to be a permanent resident.

Answer

Contact USCIS customer service or a lawyer. This is what they say: Whether someone born outside the United States to a U.S. citizen parent or parents is a U.S. citizen depends on the law in effect when the person was born.
These laws have changed over the years, but usually require a combination of at least one parent being a U.S. citizen when the child was born and having lived in the U.S. or its possessions for a period of time. Additionally, children born outside the United States may become citizens after birth based on their parent’s citizenship or naturalization.

GC for Parents

Authored on: Tue, 03/30/2010 - 14:46

Question

I am a US Citizen through naturalization. I have applied for GC for both my parents and they are here. I applied I130 and I485 concurrently. I recd the notice letters and my parents got thier finger printing done on 03/22/2010. My Mother's I-94 is expiring on May 25, 2010. Do I need to apply for an I-94 extension since their 485 is still pending or can she stay till GC is approved without a new I-94 extenstion. Both my parents have a 10 year valid B2 visa till 2016. Please advise if I need to apply for a I-94 visa extension.

Answer

A timely filed I-485 gives your parents the right to stay (referred to as "authorized period of stay") in USA pending adjudication (without having to extend their B status).

Sponser Birth Certificate

Authored on: Wed, 01/27/2010 - 05:05

Question

I have GC interview for my parents. I have photo copy of my birth certificate. Do i need original birth certificate of mine when we go to interview. If i don't have that, will the office deny the case or send us back for another interview.

Answer

USCIS does have the right to insist that you produce the original. They may give you time to get it if you do not have it. It is best to start the process of getting it right now.

Green card based upon one-year old child

Authored on: Wed, 01/27/2010 - 03:20

Question

I want to know if a mother of a 1 year old child will automatically receive her green card when the child is getting hers.

Answer

No, I cannot think of any such possibility.

I-130 for visiting parents

Authored on: Tue, 01/26/2010 - 05:12

Question

I'm a US Citizen & would like to sponsor GC for my parents who have 2.5 weeks of tourist visa validity. Is it possible in such a short time since you mentioned that they need to have visa validity until the I-130 is approved. Can they apply leave the country and get back?

Answer

You will need to file 130 and adjustment of status papers together.