Family-Based Green Cards

6 month rule

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.

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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GC for Wife

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.

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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Married to a US citizen

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)?

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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Greencard holder filing for a non-US citizen

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.

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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Petition for Father and Husband

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.

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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Green card under the Child Status Protection Act

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.

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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Green Card and marraige to a non citizen

I have my greencard. Can I marry a non citizen of US and file for her? How long will it take to secure a working permit for her?

Filing through a green card holder takes several years to get to the work permit stage.

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 green card.

I am currently in the US on a h1b visa. My I-140 has been approved under eb3 category but looks like it will really take a while for the visa numbers to be current. My brother is a naturalized citizen. Can he file for my green card under family based siblings category? I was told by someone that i cannot file 2 immigrant petitions. Is that true?

You can simultaneously file through as many green card categories as you wish. Check out the backlogs on the visa bulletin.

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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American born mother and daughter born in Mexico

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.

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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GC for Parents

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.

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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