Applying for a Green Card for my father.

[piyyukutty]

FOr the affidavit for birth certificate since birth certificate not there, do I need "Certificate of Non-availability of Birth registration"? Is there a form I need to fill for this? where do I get it. Do i need to get the affidavit from 3 ppl or 2 is enough?

[piyyukutty]

Yes that is correct. We got him here immediately after my mom passed away and just convinced him for GC after 3 months or so only. Thank you and appreciate the response.

[parks]

Can some one say what should I do? Recently my mom passed away and I brought my dad on visitors visa here. I have started to apply for his GC since he cannot be alone back in India. SO do we apply I-130 and 485 together? Again my dad is here in USA with me. Also on I-130 do I also need to submit marrige cert/affidavit for my parents, even though applying only for dad and mom not there anymore.

1. Make sure that you father has been in the US at least 90 days in the US, before filing I130, to avoid USCIS raising an issue like "when the father traveled on visitor visa, he already had intent to immigrate, hence that entry was under false pretense...". A person is allowed to change mind after entry: So, your case a. you father came as a visitor, no other intent. b. After some time staying here. you proposed and he changed his mind. 90 days provides sufficient safe harbor for that change of mind. 120 days is even better.

2. File I130 and I485 concurrently. Your father will need to stay in the US until I485 processing is complete (green card is obtained/ I-551stamped in passport).

3. If you father may need to travel, you can also file for advanced parole.

4. If your father wants to work, there is another form.

5. When you fill the form, you will state that your father is widowed. Then, I believe no marriage certificate would be needed. I am not 100% sure about this part.

[piyyukutty]

Can some one say what should I do? Recently my mom passed away and I brought my dad on visitors visa here. I have started to apply for his GC since he cannot be alone back in India. SO do we apply I-130 and 485 together? Again my dad is here in USA with me. Also on I-130 do I also need to submit marrige cert/affidavit for my parents, even though applying only for dad and mom not there anymore.

[newacct]

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).

It doesn't matter if his dad is in status when he files. There is no monetary or any other penalty even if his dad has overstayed for years before filing I-485.

[SPSAL]

I am a USC and filing concurrent I485 & petition I-130 for my father's green card. However I am unable to meet the minimum income requirement as I am a student. My father has placed 5x cash into my bank account which my attorney still sees it will not fly as there needs to be a joint sponsor with some income. Anyone can suggest where to find a joint sponsor as I have no relatives or friends in USA ? I am ready to pay any fees for the joint sponsor if required....please help

[Auchmill]

Hi Akki
Which USCIS office handled your applications?

[gg2102]

Hi akki
What documents did you submit for your dad and what did u do for the birth certificate? I am thinking of doing it for my dad and mom who were a state govt employees but dont have marriage/birth certificates both of them are 75+

[angie123]

Hi Akki!

I'm planning to sponsor for my parents GC next time they visit me as well. I was wondering if you had to to submit any documents to prove that your dad did not come to US with the intention of getting a GC (i.e doctor's notes etc..)? Thank you so much!

[akki1]

well.. all of sudden, my dad an interview call for 1-485, they verify all the information on his 1-485. They were not able to ready his fingerprints therefore they asked us to get police certificate. It took 2 hours to get the certificate, went back to USCIS and IO congratulate him and said your application as been approved and you will get your GC in mail. Good luck to everyone!!!

All this process took 5 months.

May 3rd 2019: Mail Documents
May 8th: Notification for documents received.
May 21st: Biometric notification for June 7th
June 21st: Biometric notification for July 6th (as they were not able to capture biometric)
Sept 16th: Interview for i-485 scheduled for Sept 17th (Got lucky, received the letter just a day earlier)
Sept 17th: Interview cleared, IO asked us to provide police certificates as they were not able to collect his fingerprint twice. Had to go to police office to get one. They provide in the same day.. IO give us a letter stating that you application has been recommended for approval. IO said you will get your GC within a month.

[akki1]

We are still waiting for his AP. Looks like we will get it by October or November. It’s showing that they are working on cases who applied in April 2019 and I did in May 2019. Well may dad has B2 visa since February 2016. I must say wait at least 90 days before you apply for your parents. You don’t need a lawyer just call Uscis helpline and ask for the forms. It’s very easy. Let me know if you need my help. You may need the following forms. I-485,I-130,I-131 and I-765.

[SPSAL]

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 ?

[newacct]

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.

[Enub4]

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.

[akki1]

What about if he gets his travel document first?