Start GC when parents at US or in India

[smajee]

I need to sponsor my father for GC. Since he has multiple entry visa for US I can start the processing when he visits here or start right now when he is in India. The Covid situation has made it difficult as well. Also if I start the process, does it affect future US travel. Is it possible to start I-130 process while being in India but setup the interview process in USA.

[R78]

Start it in India.
His intent when entering the US should be to visit. If that changes at a later time, its OK.

[verbose]

I feel that (if possible) it is better to stay put in one place while the application is under processing (it could take somewhere upwards of 6-9 months). You should evaluate which location will suit better for this given their age, how much help they will need in order to put together documentation, medical visit, biometrics, going for the final interview etc. and how you might be able to help or if someone else is able to help etc. and decide accordingly.

Also, would recommend you Google the differences between Adjustment of Status (if they file while they are in US) vs Consular Processing (if they file from India.) For instance, look differences in the right to appeal any negative decision etc.

Everyone’s situation is unique, so while AOS might be best for some, CP might be better for others. Also, please be aware that after October 2, broadly speaking fees for this are slated to get almost double (depending on if you submit EAD and AP for them at the same time etc.) so you might want to plan accordingly.

All the best - keep sending more questions if you have. This forum is very helpful.

[smajee]

Thanks for the detailed reply. I see reference to Chicago lockbox, what is that? Since I am in california the precessing center is also in CA. Sorry dumb question.

[verbose]

Look for “Direct Filing Addresses for I-485” here: https://www.uscis.gov/i-485-addresses

It tells you where your application must be sent based on the category and in some cases, your location. A lot of them go to Chicago Lockbox for the initial intake and then get assigned for processing to another center.

[patilsd]

My Parents will be coming to US in March 2021. Can I start parents GC process here in US while they are in India?

[verbose]

Yes you can start it. They would go through Consular Processing for their application. But be aware that it can be difficult to travel to US when the application in progress, even if they have a valid visitor visa. Currently timeline for approval is not very predictable so one cannot be guaranteed to get approval before March 2021.

[patilsd]

THank you. One more question. If parents are in US and start processing once they are in US, I will have to do Adjustment of status (I485) or Counselor Processing ?

And second question :- If I do file here then AoS here , do my parents has to go back to India for Passport Stamping? Or can be done in US?

[parks]

I need to sponsor my father for GC. Since he has multiple entry visa for US I can start the processing when he visits here or start right now when he is in India. The Covid situation has made it difficult as well. Also if I start the process, does it affect future US travel. Is it possible to start I-130 process while being in India but setup the interview process in USA.

In MAJORITY of the cases, for immediate relatives (parent, spouse) of US citizens, especially for India cases, it is MUCH MUCH better to file in the US than in India,for the below reasons.

1. In case of any issues/denials, it is EXPONENTIALLY harder to file appeal for consular processing, than in case of AOS.

2. In India, all immigrant visa processing now seems restricted to Bombay only. This happened even before the covid. You can imagine, work load from 4 consulates to 1 ==> 4 times work load, but it is unlikely # of visa officers in Bombay have increased 4 fold.

3. Even for medical exam, if you are not from top 3-4 cities, parents have to travel to designated places. In case of AOS, there is a long list of doctors.

4. Visa petition (I-130) and AOS (I-485) can be filed concurrently. Where as I-130 and CP are sequential.

5. Your father can come on visitor visa, with CLEAR visitor intent. After 90 to 100 days in the US, you can file, without any risk of "coming to the US with immigrant intent". Make sure your father does not read this thread, and make sure you do not tell him you will file his immigration. You are only THINKING about it, as a proposal, yourself. After your father has been here for about 100 days, you convince him (e.g., your father likes to spend more time with grandchild). This is pretty good safe harbor.

6. Remember, a LOT of the US laws and court protections apply to ALL who are in the US, not just citizens / green card holders. One can file appeals, etc. Where as in case of CP, even if the consular officer makes a mistake, you are, MOSTLY, **** out of luck.

I have first hand experience -- spouse of US citizen, filed in India == took 2+ years; parents of US citizen filed in California, took 7 months, including the 100 day WAIT before filing. Siblings of US citizen (after 11 year wait), CP in India took 11 months!

The DOWNSIDE -- Your parents need to stay in the US, continuously, for 7-8 months the first time. But if they are immigrating, that is required anyway (minimum 6 months each year).

[verbose]

THank you. One more question. If parents are in US and start processing once they are in US, I will have to do Adjustment of status (I485) or Counselor Processing ?

And second question :- If I do file here then AoS here , do my parents has to go back to India for Passport Stamping? Or can be done in US?

Answer 1: AOS
Answer 2: No passport stamping is mandatory and as such no need to go to India for anything. When green card is approved and they are waiting for it, they can (optionally) get an I-551 stamp in their passports which is a temporary proof for permanent residence.

[abhishek2020]

Hi there,

I expect to become US citizen in February 2021, and hoping to apply for parents' green card shortly after. I have a few questions:

1. My father is 75 years old and has had Parkinson's for a few years. His condition has been stable and he is mentally healthy. He can easily speak, hear and write (in both English and Hindi). He can sometimes have problem walking or maneuvering congested spaces due to his condition. Given the medical exam requirement, would there be concerns in having his case approved?

2. I looked the documentation on USCIS , and see that the requirement for my parents is to have their marriage certificate. I don't see any requirements for their birth certificate. Is their birth certificate not required?

3. What medical insurance options would be available for my parents in the US?

4. Is there any online resource that describes the full process of green card application for parents at one location? The USCIS website doesn't seem to describe the process (including medical requirements) in detail.

Thanks in advance,

Abhishek