If you are a US citizen, there is no problem. You apply for her AOS simultaneously. If you are a green card holder, you cannot file AOS until the priority date is current and she cannot stay in USA based upon your application. She should probably think of H-1.
I am assuming you are asking me whether a green card holder can apply for a green card for an over-21 child. The answer is yes, as long she is unmarried, you can. But she cannot stay in USA based only upon the fact that you have applied for her.
If he entered legally and is not subject to any other bars, and if you are a US citizen, he can apply for AOS when applying for his green card through marriage to you.
I would recommend filing I-130 when she gets her naturalization.
As far as I know, if she entered USA legally, you should be able to get her green card. But I always advise people in this situation to get a local lawyer.
You can try, but such permission is rarely given.
· The child must be accompanied by the parent who is applying for readmission as a lawful permanent resident upon the first return of the parent to the United States after the birth of the child.
1. From what you have described, I see no reason why you cannot file for their I-485 and have them stay.
You may be best served by getting a co-sponsor for the affidavit of support.
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Once you submit your application, by clicking the “Sign and Submit Application” button on the "Sign and Submit" page, you will be unable to access your application again without the assistance of NVC, or the U.S. embassy or consulate at which you plan to apply.
A2. Maybe. If they already have a visitors visa stamp on their passport, they should be able to visit. Chances of INS (CBP) sending them back from the airport are probably small. But if they will be applying for a tourist visa (also known as visitors visa) now, they may be refused the visa by the US consulate because they have exhibited immigrant intent. In that case they will have to wait until they receive their green card approval.
Answer to question 5: It does not look like it, but you can apply for H-1 because H-1 is immune from the problem of having a green card pending. F-1 has a problem and shhe can’t travel. But H-1 will not have that problem. I would suggest in this April apply for her H-1. That way you are good for three years and you can apply for her I-130 right away. She can travel freely once she gets her visa stamping. So it is a really good way to go.
As it could have implications for the lifelong health of the child, and because it could even impact the health of future generations, I would argue the mother's bacteria should be viewed as an extremely valuable precious "gift" to be nurtured, protected and cherished by every expectant parent, midwife, doctor and health professional.
Filing through a green card holder takes several years to get to the work permit stage.
It is difficult for me to plan your course, but the law is relatively simple. If you get married BEFORE green card approval, your spouse is entitled to "follow to join." That process tends to be quicker than if you get married after you get the green card approval.
Your father does not have to file a separate application for your husband. In the various papers you get from the consulate and the National Visa Center, you can indicate that he is getting his green card with you.
1. You must have:Internet accessYour NVC Case Number (refer to the message you received from NVC)Your Invoice I.D. number (refer to the message you received from NVC)
Make an infopass appointment and get her passport stamped for temporary proof of green card. She can travel with that. Normally, the physical GC takes just a few weeks. I am not concerned about SSN. That will arrive eventually. But do review my blog videos about I-131 and maintaining green card, etc.
She will be at the mercy of CBP at the airport. They can decline entry.
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You can simultaneously file through as many green card categories as you wish. Check out the backlogs on the visa bulletin.
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Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com.
Children born during the temporary visit abroad of a lawful permanent resident (LPR) mother are classified as NA3.
You need to talk with a lawyer. If someone enters USA illegally (EWI), generally they are barred from adjustment of status (AOS).
4. If the child has two living birth-parents who were the last legal custodian who signed the irrevocable consent to adoption, they are determined to be incapable of providing proper care for the child; and
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You need to file a whole bunch of forms (including but not limited to Forms I-130 and I-485). There is no way I can assess the whole situation since he is out of status. I do suggest you get a lawyer locally where you are.
You do not have to do anything extra. This can be taken care of when you they get communication from National Visa Center.
1. Advanced degrees do not help in a family-based green card.
Illegal entry into USA is a serious issue. Please consult a local lawyer.
Video Transcript: As per the law if you have an employment based case pending and you are married on the date your green card is approved, she is entitled to come through you through the same priority date and through a much shorter process called following to join.
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You may be able to apply for a Green Card if you meet the requirements of EB-1 (Aliens with Extraordinary Ability) based upon a job offer, or if a family-based possibility exists.
5. You may save your partially completed DS-260 at any time by clicking on the "Save" button at the bottom of every page. If you need to step away, simply click the "Save" button to save your progress, and click on "Sign Out" in the upper right-hand corner of the screen. All data that you entered up to the point of clicking on "Save" will be stored until you are ready to continue completing the form.
She cannot put a "block." There is no such provision in law.
Generally speaking, a visit outside USA lasting more than one year terminates your green card (no matter what the card says).
In the above situation H-1/H-4 is the only option because unless she is in USA in legal status she can't file adjustment of status. When you are outside you can do only following to join.
There are too many unknowns in your situation for me to be able to answer. First, you need to check and see if your priority date (the date your I-130 was filed) is current. You do that by reviewing the most recent Visa Bulletin - http://www.immigration.com/visa-bulletin. If your PD is current, then you can start checking with the govt.
I have not looked into this issue specifically but my instinct is that AOS within USA may be problematic for her before your sister gets her green card. As a practical matter, she will only need to make a brief - perhaps a week long trip once to get her green card with the family.