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parthptl

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    Filling I-130 Question

    in Bringing Family Members of Permanent Residents to America

    Posted

    10 minutes ago, Lil bear said:

    Sending it without any evidence of LPR status will likely result in denial.  Upload a copy of the stamped visa at this time. There may be an RFE for the actual GC once the application  is assessed….  but you should have it by then and it will be a quick response to the RFE 

     

    Moved to “Bringing family members of LPR to the US”

    Thank for the quick response. That does definitely help!! But, yes hoping we should have it by then. 

    Filling I-130 Question

    in Bringing Family Members of Permanent Residents to America

    Posted

    Good Morning, Since my in laws are now here in the USA, they are on LPR status, however, the green card will take a while to get delivered in mail about 30 days minimum. 

     

    Their status is IR5 Visa. 

     

    We want to File I 130 for their son who lives overseas (Unmarried under 21). On the I 130 form, it ask submit Green Card. But, is it okay to submit the I130 without uploading Green Card Pictures.. 

     

    Or, can they use the Visa stamp on the passport itself? 

     

     

    Thank You! 

    Adjustment of Status B1/B2 Visa (LPR Status of Parents)

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    1 hour ago, Jorgedig said:

    Whether they can petition for him before he turns 21 depends entirely on what type of AP they undergo before the visa and permanent residency is issued.

     

    Are you familiar with the visa bulletin?  That can give you an idea of wait times for visa numbers to be available for Indians.

     

    He cannot come to the US to drive/work/study with only submitted documents.  Obviously, he needs an immigrant visa to do those things.

     I see.. can he not file for EAD? and his Canadian Drivers license will be valid? Also, Incase if he goes over 21 before filing can he maintain the speed of under age 21 in terms of lengthy process? 

    Adjustment of Status B1/B2 Visa (LPR Status of Parents)

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    1 hour ago, Dashinka said:

    What you are suggesting is fraud.  Since neither  your parents or your brother are currently in the US, adjustment of status is not an option as your brother cannot enter the US with a B2 visa with the intent to stay and adjust status.  Your parents can file an I130 for him when they enter and become LPR’s, I am not sure what the cutoff date is for aging out, but they could request an expedite to avoid him aging out.  He can certainly visit while everything is processing and finish his studies.

     

    Good Luck!

    What I mean is once they arrive in USA and get Green Card with IR-1 status they will file I-130 and he will travel to USA with B1-B2 visa, and then they will file I-130 and I485 for him at same time.. 

     

    How is that fraud? 

    Adjustment of Status B1/B2 Visa (LPR Status of Parents)

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    Hello, 

     

    This case is a bit complex. My brother lives in Canada with a student visa and valid US b1-B2 visa. My Parents are recently coming to USA as their interview date is in November. They will be on IR-1 visa and will have LPR once they come. 

     

    Now, the complex situation is that my brother is under 21 and will be 21 next year in January. But, will remain unmarried. He wants to come to USA and stay, what are the options for him to stay? and, also potentially work or study? 

     

    Have my parents submit both I-130 and I-485 at same time? Also, with that submission, can he drive/work/study? 

     

    Thanks for the help! 

    US Citizens parents' child and green card questions

    in Bringing Family Members of US Citizens to America

    Posted

    1 minute ago, aaron2020 said:

    Being married to a USC does not matter when a USC files for a parent.

     

    When you as a USC files for your parent, only your parent is eligible for a visa.  Derivative beneficiaries are not allowed, so your brother will not be eligible for a green card.

     

    When your parent becomes an LPR, then that parent can file a new case for an unmarried child.  

    How old is your brother?

    he is around 17 years old. Will be 18 in January. Thanks for the info! so, even with the LPR parents are allowed to file? How long is that timeline? Also, can he get visitor visa or student visa in this case? 

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