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Applying for a Green Card for my father.

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  • Applying for a Green Card for my father.

    I'm a US Citizen and my Dad has a visitors visa. He is coming in the end of this month and I'm looking for applying a Green Card for him. What documents do I need and what is the processing time while he is in the US with his visitors visa. His visit visa is expiring on Jan 2020.

  • #2
    Hi Akki,

    You will be filling:
    i-130 petition for alien relative
    i-485 application for permanent residence or adjust status
    i-765 Employment Authorization

    Be sure to keep the I-94 card when he enters the US. This card ensures that he came in legally and was cleared at the port of entry. Very important.

    The good thing about it is your dad will still be in status when you file. No additional monetary penalty. Just hope immigration gives him atleast 3-6 months I-94 pass. File it immediately.

    Once you file these papers, you will get receipts from USCIS with corresponding receipt number (like a case number).

    In a few weeks if papers where filed correctly, you will receive a schedule for biometrics (fingerprint and photo). If everything is ok with biometrics, EAD (work permit) will be sent after 5-6 weeks. Interview for Green Card will be the next step . 6-8 months or longer (depends on the area or centers where your papers where filed).

    I suggest to hire a lawyer to properly prepare the documents (if you have the funds). Or find an immigration centers that provide pro bono services, you can check online. There

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    • #3
      From what I read you father should not enter the USA on visitor visa with the intention to get a GC. If he enters for a visit and then you convince him to stay and start the process to get a GC is different.

      For forms, I think the following will be needed: I-130, I-485, I-864, I-765 and I-131
      Nov 2018 - Package sent - EB - Texas Service Center
      Day 1 - Package received at the lockbox
      Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
      Day 112 - EAD delivered
      Day 195 - Letter for missing I-693
      Day 5xx - no news (retrogression)
      EAD Renewal: 2 approved in 24 days, 1 in 133 days

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      • #4
        Hi Akki,

        If the immigration officer at the port of entry asked what
        Last edited by Macross; 04-12-2019, 05:21 PM.

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        • #5
          He is been visiting me for last 5 years. I got his visa 5 years ago. I think it should be fine if I apply for his GC once he got here this time. Also from where he will get is i94

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          • #6
            I-94 is the card they will give at the port of entry. They will stamp the date of entry and the date they will give your father to leave. I attached a sample hopefully you can see it.
            Attached Files

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            • #7
              I am in a similar situation with my mother. Do I need birth certificate since there wasn't any birtbrecord kept 70 years back.

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              • #8
                on form I485, there is a question. Are you applying for adjustment based on the Immigration and Nationality Act (INA) Section 245(i)... what does that mean?

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                • #9
                  Most I94 now are in electronic form, you have to visit https://i94.cbp.dhs.gov/ to get your latest I94 after arriving to the USA (it can take a couple of days for the information to show up).

                  INA Section 245(i) information: https://www.uscis.gov/greencard/life...45i-adjustment
                  Most cases will answer No to that.
                  Nov 2018 - Package sent - EB - Texas Service Center
                  Day 1 - Package received at the lockbox
                  Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
                  Day 112 - EAD delivered
                  Day 195 - Letter for missing I-693
                  Day 5xx - no news (retrogression)
                  EAD Renewal: 2 approved in 24 days, 1 in 133 days

                  Comment


                  • #10
                    My Dad is going back home on Oct 28th but his green card process is still in pending. What should I do. I have applied for for his adjustment of status as well. Currently is on visit visa status.

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                    • #11
                      Originally posted by akki1 View Post
                      My Dad is going back home on Oct 28th but his green card process is still in pending. What should I do. I have applied for for his adjustment of status as well. Currently is on visit visa status.
                      He cannot leave the US while his I-485 is pending unless he has been granted Advance Parole before he leaves, or else his I-485 (Adjustment of Status) will be automatically abandoned, and he will need to do Consular Processing abroad.

                      This is my personal opinion and is not to be construed as legal advice.

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                      • #12
                        What about if he gets his travel document first?

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                        • #13
                          If he gets the AP he can travel but I doubt he will get it. Most of the time, they finish the GC process and don't issue EAD or AP for parents of US citizens.

                          The only way he should travel abroad is with AP or GC.
                          Nov 2018 - Package sent - EB - Texas Service Center
                          Day 1 - Package received at the lockbox
                          Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
                          Day 112 - EAD delivered
                          Day 195 - Letter for missing I-693
                          Day 5xx - no news (retrogression)
                          EAD Renewal: 2 approved in 24 days, 1 in 133 days

                          Comment


                          • #14
                            Originally posted by akki1 View Post
                            What about if he gets his travel document first?
                            The AP may take 5-6 months to get these days. So it is very unlikely he will get it before he plans to leave.

                            This is my personal opinion and is not to be construed as legal advice.

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                            • #15
                              Hi Akki....just wanted to check if your father has received his EAD and AP by now ? I am filing I485 for my parents too who are on B2 visa from last month. Do we have to wait for 90 days for filing or can be done immediate ? Do we need a lawyer for filing ? I am in Dallas ...any good lawyer you may suggest for filing GC for parents ?

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