1. I am Green card holder, can I sponsor my mom for dependent visa, she is in India?<br>
2. Is there any time limit for which extension to be provided?
1. You have to be a US citizen to sponsor her Green card. For Green Card holders as I recall the only family other than the children and wife they can sponsor is unmarried adult children over 21 but unmarried you can apply for their Green Card. Once you become US citizen your possible beneficiaries can be larger including your parents. There is little-known provision that is sometimes used, use it if it's necessary when let say your parents they don't have anybody in India to take care of them.
Note: 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.
Hi: I would like to thank Mr. Rajiv Khanna for giving me and my employer some guidance on my case. The conference call with him was well worth the time and the money - his staff was very professional in setting it up and during the call he was very helpful and was not at all rushed. What I liked was even though we ran onto the next appointment's time he asked us to jump back in the call after sometime to make sure all our queries were answered. Thank You Again.
I arrived in the U.S. with a non-immigrant visa that expires 2016, my dad is a permanent resident who is now applying for his citizenship. My dad wants to sponsor me while i remain in the us. What forms do we have to fill out and would i be able to live and work in the us while my status adjustment is processing.
Review Form I-130. You cannot stay in USA while or just because the case is pending, unless you have some visa/status that allows you to stay.
My employer applied PERM (in 6th year) in October 2011 EB-2 Category and it picked for random audit in Jan 2012, employer asked me to send signed ETA form to respond to Audit question with in 2 weeks. They said its random computer audit and has to respond with paper documents. I am already in 6th yr and my H-1 get expired by May 22, 2012 is it possible to go for H-1 extension beyond 6th year while PERM is still in Audit status.
You will be eligible for H-1 extension beginning October 2012, even if PERM is pending audit or not.
My friend filed a petition for an adult child (over 21 years old) six years ago and just received notification this year that there's a visa number available for the child. Meanwhile, the child has traveled to study and obtained a permanent residence in Canada. However, the child still wants to join his mother to the United States. Will the US give the child a GC if all the requirements are met?
Sure. The fact that he is in Canada is not an impediment.
I am a US citizen turning 21 next month. Can I sponsor my dad to get a green card even if I am not holding his last name?
Yes you can. Having the same last name is not required.
My mother just got recently approved to migrate to the US as LPR. I am a USC. Now I was wondering how soon my mom can submit a petition for my brother who is unmarried and over 21. I am assuming it would be faster for my LPR mother to petition my brother than me.
It will be faster for her to petition and she can do so as soon as she wants. I would suggest she should apply when she moves to USA. If you wish, you can also start a petition for your brother. He can wait in more than one category.
My parents got GC and I could not get it since I was 21. I am now in the US on H-1B. My mom applied for me when she was a permanent resident under the unmarried son/daughter category. In 2009 I got a letter from USCIS that my visa is available since my priority date was Sept 2001 but in 2009 I was already married and my mom became a citizen after we got married. My question is - can I file for new I-130 and request them to allow me to use the old priority date (Sept 2001)? What are the chances of them allowing me to do that?
As far as I know your PD cannot be reused because you lost it through becoming ineligible for the visa category.
My daughter she's going to be 21 next year and she's an American citizen, can she sponsor me?
She can sponsor you for your green card upon turning 21.
What happens if your H-1 expires before the PERM audit is cleared by DOL. Are we supposed to leave country. I have 20 months of H-1 life left to reach 6 years and my LABOR is in AUDIT status I am just wondering if I get an extension or will I be checked out of USA.
While a PERM audit or even an appeal against a denial after the audit is pending, you would still be entitled to H-1 extensions beyond six years.
I am filing GC for my mother who is in US on visitor visa & her I-94 got extended for another 6 months. She never used her surname on her Indian passport? What should I mention in the last Name on I-130 & rest of the forms (I-485).Should I mention NA or not used or leave them blank?
You have several choices, including "No Last Name Used." If she wishes to use some other name, including adding a last name, now would be a good time to do it.
DOL seems to have stopped progressing on the Audit cases. Can litigation alleviate this problem and force them to atleast respond?
All things considered, in my view, a Mandamus is possible. But the chances of success are remote at least in DC circuit. Typically, in delay cases, courts do not interfere with the executive branch of the govt. At the very least, lawsuits draw attention to difficult issues. I think a petition to the govt. should be the first step. May be the worthy President can help. Although, speedy processing in this environment is certainly not a politically popular issue, but we have all followed the laws and the promise of the laws.
I am on H-1 Visa and my son is on H-4 visa. He is 17 years(studying 11th grade). I wanted to know whether i need to change the visa status at the age of 21. If so, the green card processed by my employer for him will still be valid or not. Also, if he goes to India for studying his degree for like 4 or 5 years, will the green card processing for him will be valid.
Note: 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.
I recently became US citizen and now planning to file for green card for my own parents from India. However, in past my parents overstayed on their visitor visa(6 months) in UK from 2002 to 2013. They applied for asylum in 2006 and case was going on but then they withdrew their file and then they were sent on their emergency passports(as their old passports were lost and expired, they were given white passport) to India. They had no other criminal activity there and also have No Objection Certificate from Police department of the city they were staying in UK. Now they have their new passports printed from India.
I wanted to know that Does any of this situations in past makes it difficult for them to obtain permanent residency in USA?
Note: 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.
The Atlanta NPC Team will implement the following plan to induct applications filed into Audit Review and tag cases for possible Supervised Recruitment. This version of the plan has identified 8 criterions that specify types of cases that will be targeted for Audit Review and tagged for possible Supervised Recruitment.
At the October 28, 2010, stakeholder meeting with the U.S. Department of Labor, DOL discussed their increased staffing capability and a corresponding increased scrutiny of cases where the employer fails to respond to an Audit Notification letter or submits an incomplete response to such a letter. Where DOL identifies a substantial failure by the employer to provide required documentation in response to an Audit Notification letter, DOL indicated that we can expect to see more debarment and/or revocation proceedings.
My sister is a naturalized US citizen and she is planning on applying for my GC. I have 2 questions:
1. If my company decides to sponsor my L1-A visa (after my GC application is submitted) will my L1-A be denied because of my GC application?. I have a multiple entry 10 year tourist visa that will expire in 2017. If I apply for a new tourist visa in 2017, will that be denied?
2. Furthermore, my father's GC (consular processing) is being processed currently. Once he becomes a GC holder, can he apply for my GC (I am single over 21 years of age) in such cases Processing time is also much less. If my father can sponsor my GC, what happens to my application in the unfortunate event of my father's demise during this period?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/R4-_pic6TzY?t=103
FAQ Transcript
1) I recently submitted a PERM with company A which is wholly owned by a parent company B. Company B will soon absorb company A which will cease to exist as an independent company and will just become a new department within company B. How will my PERM be affected?
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2) If my PERM is audited and I don't want to go through the audit, will it be a good idea to change employers and submit a new PERM from scratch? What are the odds of being selected for an audit twice in a row?
It IS possible for your green card to remain unaffected even after the corporate change over.
Recently, DOL has begun to issue audits with the following language: “The foreign worker listed on the ETA 9089 resides in [residence location], section H of the 9089 provides [work location] as the worksite. Has DOL explained how the foreign worker performs the job duties of the job opportunity given the distance between [residence location] and [work location].Is the employee permitted and/or expected to perform the duties of the job opportunity listed on ETA 9089 from his residence and/or his place of choosing?” In many cases, the two locations are quite close and are clearly within a normal commuting distance (e.g. Atlanta and Marietta,
Georgia – distance approximately 20 miles; Palisades Park and Parsippany, New Jersey – distance approximately 30 miles). In one case, the work and residence locations were less than two miles apart. Has DOL considered conducting an initial review of the distance between the residence location and work location before issuing the audit?
DOL indicates that this kind of question on an audit where the work location and residence location are close together is likely a training issue. DOL does, however, believe that it is appropriate to inquire about this kind of issue where it is unclear why the residential address and the work address are far apart from one another, and does issue audits on that basis where appropriate.
I am a US citizen and would like to sponsor green card for my parents once they arrive here. I have couple of questions related to that. 1) My mother’s birth certificate contains name before marriage, is this going to be an issue? Her passport contains her name after marriage. Her mother and father expired long time back, and she is the eldest daughter. 2) My parents does not have marriage certificate with them what are the options. They cannot go their original place to get the marriage certificate 3) My father does not have birth certificate but has College degree/certificates mentioning his date of birth. Will this suffice the requirement, if not what are the options he has? Again he is not in a position to go to his birth place nor is he in position to take help from his elders to give affidavit for him. His mother and father passed away long time back.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Note: 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.
I am a U.S. citizen and I had applied for a green card for my parents and they were in the USA and now they have received their Advance Parole.
1. When our parents have Advance Parole, is there any special process to leave the U.S.?
2. Do we need to inform the airline staff during their check in process?
3. Even though Advance Parole documents specify that parole is valid for one year, is there any advisable timeline they could stay in India on Advance Parole?
4. What is the process for entering the USA on Advance Parole besides showing their parole documents to the CBP (Customs and Border Protection) officer at the airport?
5. Any instructions or guidelines for using Advance Parole?
6. What if their Green card gets approved while they are in India?
1. The answer is No.
Would there be any issues with parents reentering the country after filing for GC application? Say the parents entered the US on a B1/B2 visa but applied for GC while they were visiting (not for the first time). They were going to file for it once they were back in the home country anyway, but decided to submit the application now than at a later date due to some health situation that came up during the visit.
Are there chances of the application being denied/or will the parents not be allowed to reenter the country because there have been some medical emergency that happened during the visit? Should those factors need to be addressed before exiting the country before the 6 months stay time is up? And would it still be a problem if that has been addressed with the provider, given it will all be in the history file now? Would there be some state assistance that anyone can get some help with in terms of financial and patient well-being and all?
I have known many immediate relatives of the U.S citizens and they have never had a problem. However, theoretically the problem exists. It would be right to do an immigration pre-clearance somewhere close to home.
Regarding your query on medical emergencies, you could tell them that your parents took the medical treatment. As long as there was no government funding I do not see any problem.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I want to thank Homa Naderi for her efficiency,promptness and patience. She answered telephone calls and emails within the hour and did not tire of answering questions that appeared confusing to a lay person. Most importantly she always conveyed to us her belief that the applications will be accepted. I will be happy to refer people to her.