Family-Based Green Cards

Green Card through several categories

Question details

I got married last month ! My husband is a GC holder and next year is going to become Citizen , I have my GC (I-140- Approved) with a priority date of September 2019 on EB3 . What are my best options here ? Do I wait for him to become a citizen and then apply for my GC through his citizenship ? Or shall I apply GC now through his GC status, before he becomes a citizen ? Or shall I wait for mine ? Will my pending GC still be valid if I apply through my spouse ?

You should apply through as many green card categories as are available to you. The family-based green card can be upgraded once he becomes a US citizen. You will be able to get and keep the green card through whichever category comes through first.

 

FAQ Transcript

Note: 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

Obtaining student or visitors visa while a green card is pending

Question details

I am 19 years old and live with my parents in India.  I have an approved F3 family based immigrant petition which the National Visa Center has shown as “documentarily qualified” since April 2020 My priority date became current in January, 2021. I am waiting for my interview and  have received three  emails, each requesting I wait another 60 days for my next reply. This fall I enrolled in an associate degree program at  a community college in Maryland. I am studying online from India. Should I apply for an expedited F3 family based visa interview based on my educational needs if I want to go and study in the U.S.?

 

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FAQ Transcript

You can certainly try and then go for the interview once it is scheduled. Although consulates have indicated that they are going to frontline family-based immigration dedicated to family unity first, there are certain categories which you might not fall under. Regardless, it is worth trying to get an expedited interview and then try to get a student visa. More...

Note: Where transcribed from audio/video, 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.

Sept 30, 2021, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Discussion Topics, Thursday, September 30, 2021:

FAQ: Obtaining student or visitor's visa while a green card is pending || Continuing to use H-1B when I return on Advance Parole || Nuances of changing employers during the green card process || Green card holder working on multiple jobs - Is it legal? || How long can green card holders stay outside the U.S.? || Effect of a career change on naturalization process and timing.

Green Card final interview process/questions asked, etc.

Question details

1) Please list out what are the documents need to be carried for final interview by main applicant and the dependents?

2) What are the general questions we can expect from the officer during the interview who makes decision and how the interview process will be, so we can be aware and prepare ourselves?

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FAQ Transcript

1. Always tell the truth.

2. It is okay to say I don't know.  Also, if you are struggling to reply you can say I don't  remember and always ask for a clarification if something is not clear. More...

 

Note: Where transcribed from audio/video, 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.

05 August 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Immigration.com

Discussion Topics, Thursday, August 05, 2021:

FAQ: What Happens if H-1B Employer Revokes a Quota H-1B Before October 1? || Multiple Employers or Jobs on I-485 EAD|| How Long Can You Be Unemployed on AOS EAD/AP? || Taking a Long Break After Receiving Employment-Based Green Card || Downgrading EB2 to EB3 for Both Husband and Wife and CSPA or Derivative Beneficiary for Daughter.

USCIS Removes Barriers to U.S. Citizenship for Children Born Abroad Through Assisted Reproductive Technology

WASHINGTON— U.S. Citizenship and Immigration Services announced updated  policy guidance affecting children born outside of the United States and the determination of whether children born through assisted reproductive technology (ART) are considered to have been born “in wedlock.” This policy update will allow a non-genetic, non-gestational legal parent of a child to transmit U.S.

Applying for Mother's Green Card and Birth Certificate Issues

Question details

I am planning to file green card (I130/I1485) for my mother. She was born in 1949 in India and does not have her birth certificate. Only identity with date of birth she has is her passport and Aadhar card. She has visited US couple of times.

  1. I want to know is it required for her to submit birth certificate or a non-availability of birth certificate for I485?
  2. What are the options if these documents are not available?
  3. Does USCIS accept birth certificate from the Indian consulate in NY?
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FAQ Transcript

Go ahead and get a certificate of non-availability if possible, get a birth certificate from New York, get two affidavits from people who were alive when she was born and submit all of that together.

Note: Where transcribed from audio/video, 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.