Is NOC required for DRDO employee or ex-employee for Familly based Green card?

[sripod]

Hi there, My close family member just became U.S citizen and plans to sponsor green card for her mom living in India.

The mom works as a scientist in Ministry of Defense Government called D.R.D.O (Defense Research Development Organization) and she will retire in 4 years. DRDO is civilian - Engineering R&D organization, not military.

The mom had to obtain a NOC (No Objection Certificate) from DRDO even to get a visitor visa to visit the U.S. for 2 months 2 years ago.

DRDO said they won’t approve of her applying for Green card. So we guess she may have to leave that job if she has to apply for GC.

Hence we would like to request your opinion for the questions below before starting her Green card application process.


1) Even if she quits her job, will she still have to get NOC from DRDO for her Green card as ex-DRDO employee? Will USCIS ask her for NOC or what would be the procedure?

2) If she quits DRDO and takes up a job of consultant in Integrated Defense Scientists and Technologists (which won’t have the strict NOC policies that DRDO does), will that still be an issue in obtaining Green card as that has the word Defense? Should she join a private company instead?

3) How long would the GC process take? Will she able to visit U.S. while that is being processed?

4) We are glad that sponsorship of parents is currently being allowed. Do you see the rules about sponsoring parents from India changing in the next 5 years and whether that may be disallowed by the time she retires in 2025?


We are trying to understand any pros and cons to applying for her GC now vs. after she retires, and whether to leave her job now or wait till her retirement in 2025 and any NOC requirements involved.


Thanks so much!

Best Regards.

[rkk09]

Hi,
This is really specific case and will need more information before taking any decision.. I strongly recommend to have a discussion with Senior Immigration Attorney for moving forward.
I can Answer for only two questions.
3)How long would the GC process take? Will she able to visit U.S. while that is being processed?
Answer: Family based Green card is normally taking anywhere between 10 to 15 months now a days. And while parents GC petition is pending, they can travel on any other non-immigrant visas, If they have one already. But, Please make a note, at the time of port of entry, CBP may raise the questions about your purpose of visit and you will need to have strong reason to get an approval.
4) We are glad that sponsorship of parents is currently being allowed. Do you see the rules about sponsoring parents from India changing in the next 5 years and whether that may be disallowed by the time she retires in 2025?
Answer: We can not predict. But as of now, we don't see any dark area. Let's hope for the best for coming years too.
Thanks

[sripod]

Thank you so much rkk09 for answering my question. I tried asking various attorneys but obtained different answers, they were probably guessing. Would you mind recommending any senior attorneys with experience in this area? Thank you.