Family-Based Green Cards

Visitors visa and green card

My mother wants to travel to US on her existing visit visa. We recently filed for her GC petition as well. We are wondering if she is allowed to travel on that same visit visa. Her visit visa is also expiring soon, would that be a problem coming into USA?

She will be at the mercy of CBP at the airport. They can decline entry.

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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USCIS Alert on Delayed Immediate Relative Petitions, (Form I-130) at Texas Service Center

In November 2010, USCIS transferred approximately 36,000 Immediate Relative petitions from our California Service Center to our Texas Service Center. We anticipated that this redistribution of work would result in more timely adjudication of these petitions. Due to a number of unforeseen circumstances at our Texas Service Center, many of these cases have not been processed and are beyond our estimated processing times. We sincerely regret any inconvenience this may have caused you and we are making every effort to remedy this situation as soon as possible.

Agency: 

Green card and overstay

My dad has a green card and went back home over 2 years ago. He is now trying to come back after being away from the US for 2 years. I was told by some people that if he stayed over a year outside the US they will not let him back in to the US even though he has a Green Card. Can you please tell me if this is true, or can I just get him a ticket and fly him back to the US?

It is highly unlikely that he will be allowed into USA.

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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Mandated poverty line

What is mandated poverty line? I want to petition for my husband, can my father sponsor him financially if I do not have enough income to support my husband? My father and me are both permanent residents.

Here are the poverty guidelines http://aspe.hhs.gov/poverty/index.shtml

Your father can co-sponsor (file an affidavit of support) along with you.

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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Family based petition - sibling

What would be the schedule of fees for a case of Family based petition for a brother of a US citizen?

Check out the Form I-130 filing fee.

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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Filing in India after wedding in US

I am planning to get married to a US citizen in a court in the US and afterward would be going to India where I will be filing for my GC.Please let me know whether the same procedures for filing for GC in India after the wedding in India is applicable for filing in India after the wedding in US. are there any complications involved in this?

Check with US consulate. They respond to emails. They often impose some residence duration requirement for applicants.

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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Interview for green card

My mom has an interview for green card in January. I really need to know if she`ll get some kind of paper or stamp in her (expired) passport right away. We are moving to another state for good and I want to make sure she will be able to fly.

If this is an adjustment of status interview and she gets approved, they should stamp her passport. But she does need to renew her passport before the interview.

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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Marriage in India or in US

I am in US on a H1B and I am having my wedding in India (with a US citizen) in the last week of Dec. I have to go for my stamping when I am in India. Since there is a lot of apprehensions about H1B stamping these days, could you please suggest what is the best way to go here. Would doing a court wedding in US before I go to India(and showing my marital status as married with US citizen)help in anyway - for getting H1B or for GC processing (if I have to do it from India in the worst case)? If my H1B gets rejected, can I go for H1B stamping using the approval notice from another company?

Having a US citizen spouse should neither hurt nor help your H-1 visa app. H-1B rejection does not mean you cannot apply for H-1 through another company.

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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Can I petition my Fiancé

How can I bring my fiancé to United States, can I apply for him by green card? I am not still a citizen.

There is no fiance visa for non-citizens, but look into the waiting times for spouses of green card holders. Those times are pretty good right now.

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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My mom's green card interview

My mom came in for a visit in Dec 2009, I applied for I-130 in Feb-10 for her and got approved, then she left to Canada to visit a friend and came back in May, I applied for an adjustment of status in June, and she has her interview this week. Does the fact that she reentered in June with the intent to apply for permanent residency because of the I-130 approval we got lead to denying her application.

If USCIS so wishes, they can certainly make an issue of it. But they tend to be much more tolerant of cases of immediate family like parents and spouse.

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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