Family-Based Sponsorship

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding family-based sponsorship. 

 

Rules for Topic of the Week Threads:

 

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 

4. Please do not provide information which would identify any specific company, university or individual.

[guthikv]

Hello,

 

I have couple of questions.

 

1. My parents are green card holders and they are going to take citizenship in a year or two. I am currently on H1b. My employer already started  my GC process. How long will it take for GC if my parents sponsor me after they received citizenship?

 

2. My sister is citizenship holder as well. How long will it take for the GC if it's applied through her?

 

Thanks in advance

[hari365]

Hello

I have a few questions please with regards my F3 petition which was applied for back in 2005.

We received a letter( March 2016) from US immigration services here in the UK that it was time to complete DS260 , pay fees and then send documents to NVC- so we did all of this

Having received this letter we naively assumed that great its actually now going to happen!!....since then I have done a lot of research and learned a lot….it now seems it may be several , several, months before anything happens as the F3 visa date has not moved at all in the last 2 bulletins!!

Our priority date is April 15^th 2005

• Do you know why no movement and can you further advise, in your opinion, when we can finally expect to get a visa number
• Also- after our date become current would you have any idea how much longer the process then takes? We are based in the UK

Thanks you

[kpr123]

I applied for Family based green card for my wife. She is on F1 visa here. I see 2 dates in the visa bulletin now:

1. Dates for Filing Applications
   
2. Application Final Action Dates
   

 

Will she get an EAD when her priority date is current by #1?

Once she gets an EAD, and before she gets the Green Card, would she be eligible to stay in the US even after her F1 visa expires?

[just_another_user]

Hello there,

 

I recently had my green card interview and I was told that my security clearance conducted by FBI is pending which is why they can't approve my i485 yet.

 

Can someone please share any information on this security clearance step and how much delay should I be expecting? Also, what kind of information is FBI looking for to give this clearance?

 

Appreciate any information you are willing to provide, thanks in advance!

[Attorney_22]

Hello,

 

I have couple of questions.

 

1. My parents are green card holders and they are going to take citizenship in a year or two. I am currently on H1b. My employer already started  my GC process. How long will it take for GC if my parents sponsor me after they received citizenship?

 

2. My sister is citizenship holder as well. How long will it take for the GC if it's applied through her?

 

Thanks in advance

It will depend on whether or not you are married, however you can take a look at the visa bulletin to see the current dates they are processing for family based cases: https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-july-2016.html

[Attorney_22]

Hello

I have a few questions please with regards my F3 petition which was applied for back in 2005.

We received a letter( March 2016) from US immigration services here in the UK that it was time to complete DS260 , pay fees and then send documents to NVC- so we did all of this

Having received this letter we naively assumed that great its actually now going to happen!!....since then I have done a lot of research and learned a lot….it now seems it may be several , several, months before anything happens as the F3 visa date has not moved at all in the last 2 bulletins!!

Our priority date is April 15^th 2005

• Do you know why no movement and can you further advise, in your opinion, when we can finally expect to get a visa number
• Also- after our date become current would you have any idea how much longer the process then takes? We are based in the UK

Thanks you

I can't answer the question regarding priority date movement. However when the priority is/will be current, generally once NVC has all required documents it will take two to four months depending on consulate availability for the interview to be scheduled. 

[Attorney_22]

 

I applied for Family based green card for my wife. She is on F1 visa here. I see 2 dates in the visa bulletin now:

1. Dates for Filing Applications
2. Application Final Action Dates

 

Will she get an EAD when her priority date is current by #1?

Once she gets an EAD, and before she gets the Green Card, would she be eligible to stay in the US even after her F1 visa expires?

 

If your wife is in the U.S. when she is eligible to file for adjustment of status she can also apply for an EAD. Once the I-485 is filed, she will be in a period of authorized stay while it is pending if she stops maintaining her F1 status. It is the I-485 that places her in a period of authorized stay, not the EAD. 

[samtodd16]

Hi

How can me along with my family apply for  US citizenship? can you tell me the basics as I'm new here.

 

Thanks in advance

[Attorney_22]

Hi

How can me along with my family apply for  US citizenship? can you tell me the basics as I'm new here.

 

Thanks in advance

General requirements for most individuals pursuing Naturalization is as follow:

1. Legal Permanent Resident (green card holder) for five years (three if married to a U.S. citizen);

2. Physically present in the U.S. for at least half the time as listed in number 1 above;

3. A resident of your jurisdiction for at least three months; and

4. A person of good moral character.  

[guthikv]

It will depend on whether or not you are married, however you can take a look at the visa bulletin to see the current dates they are processing for family based cases: https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-july-2016.html

 I am married. Please let me know which category I will fall into. 

[samtodd16]

Thankyou so much. this helps a lot.

[Saba_sheetu]

If your wife is in the U.S. when she is eligible to file for adjustment of status she can also apply for an EAD. Once the I-485 is filed, she will be in a period of authorized stay while it is pending if she stops maintaining her F1 status. It is the I-485 that places her in a period of authorized stay, not the EAD.

Once she gets EAD through green card, she can leave f1 status and fall under pending i485 applicant. Is it legal and acceptable by USCIS?

[ramya4932]

Hi,

I have applied for Family based green card (F2A) through my husband. I see that there are 2 dates in the visa bulletin now:

1. Application Final Action Dates

2. Dates for filing Applications

where my priority date has been moved in the 2nd chart i.e "Dates for filing applications". Can I go ahead and file for adjustment of status as dates moved in the 2 nd chart but USCIS bulletin asks us to use "Application Final Action Dates".

http://www.uscis.gov/visabulletininfo

Should I wait until USCIS asks us to use 2nd chart or go ahead and send the documents ? My current visa status is H-1B. Will I get an EAD when my priority date is current by #2?

Thanks

[Attorney_22]

Once she gets EAD through green card, she can leave f1 status and fall under pending i485 applicant. Is it legal and acceptable by USCIS?

Once a valid I-485 is pending an individual can fall out of status with their current status type, such as F1. While that I-485 is pending they will be in a period of authorized stay until the I-485 is adjudicated. However, an individual will not have work authorization until an EAD is issued pursuant to the pending I-485.  

[Attorney_22]

Hi,

I have applied for Family based green card (F2A) through my husband. I see that there are 2 dates in the visa bulletin now:

1. Application Final Action Dates

2. Dates for filing Applications

where my priority date has been moved in the 2nd chart i.e "Dates for filing applications". Can I go ahead and file for adjustment of status as dates moved in the 2 nd chart but USCIS bulletin asks us to use "Application Final Action Dates".

http://www.uscis.gov/visabulletininfo

Should I wait until USCIS asks us to use 2nd chart or go ahead and send the documents ? My current visa status is H-1B. Will I get an EAD when my priority date is current by #2?

Thanks

USCIS will only accept I-485 petitions when the your priority date is current pursuant to Section A of the visa bulletin, or you are eligible to file pursuant to Section B of the visa bulletin and the USCIS website listed above states they are accepting Adjustment of Status applications.