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ArjunReddy9

Green card application for Parents

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Hi All,

My Parents are coming to USA and we are planning to apply Family based green card for them. Can you please tell us the documents required? Also, is it better to apply for the GC when they are in India or when they are here in the USA on Visiting visa? Also, do they have to stay in the U.S until their Green card is granted? Please let us know.

 

Thanks

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Assuming your USC sister would petition them and not you, she could start the process anytime. She could have initiated last September. 

However, in your other post you mentioned a round-trip ticket during their US visit. They need to leave the US once their visit is over, and await Counselor Processing in India. Entering the US with pre-conceived intent to adjust status is visa fraud!

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On 1/22/2019 at 10:08 AM, pontevecchio said:

https://www.uscis.gov/i-130

The best case scenario is applying via Consular Processing once they are here for their visit. It should take an year after filing for the Consular Interview, often times less.

Ok, I will ask my sister to apply for GC for my parents once they are here in the U.S but do they have to stay in the U,S till they get it approved? How long does it take for family based GC?

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13 hours ago, ArjunReddy9 said:

Ok, I will ask my sister to apply for GC for my parents once they are here in the U.S but do they have to stay in the U,S till they get it approved? How long does it take for family based GC?

The sister can start their petition any time. Why hasn't she started one yet?

Parents must leave the US at the end of their visit on a B2 visa. Once they leave the US, they have to await GC processing in India, and interview in Mumbai. Overall that's a 12-14 month process from start to finish. Hope that's clear. 

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It is in theory possible for them to be denied entry with an I-130 on file and hence as a matter of abundant caution, filing after their entry may be better.

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Is it ok to file I-130 with Consular processing when are parents are visiting on visitor visa ? Would it be ok for them to leave US to go back after I-130 processing has started?

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An I-130 under Consular Processing can be filed anytime upon eligibility, can be done while beneficiary is overseas. 

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