Frequently Asked Questions - Green Card through Parent or Child

Green Card and last name
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.

Last name in Passport and GC processing
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.

Can my daughter sponser me?
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.

GC Holder Sponsoring Parents
1. I am Green card holder, can I sponsor my mom for dependent visa, she is in India? 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.

US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues
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.

FAQ Transcript:

This is one thing very common in many cases. The issue of applying for a green card, when you are visiting on a tourist visa or even converting a tourist visa to H-1, L-1 and student visa is always a problem.

LPR petition for son
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.

GC petition for a 21 year old
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.

GC through mother ....
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.

Father wants to sponsor me
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.

Impact on US immigration for violation of other countries’ laws
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?
Child Turning 21, Immigration Consequences for Pending Green Card Cases
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.
Dual Intent Visas and Filing green Card in Multiple Categories Simultaneously
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.

FAQ Transcript

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.
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.
Sponser Birth Certificate
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.

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
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.

No, I cannot think of any such possibility.

I-130 for visiting parents
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?

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

Parent of a Green Card Holder - Options for Them to Stay Long in the US
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. 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. Can you please advice what can be done here? What are the options to keep her with us in US?

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