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H1BUser24

Family based greencard through child

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Hello,

I am working in the US for quite some time and have got I-140 approved through employer. I am not expecting my priority date to be current soon, not until next 3-4 years unless there is a drastic policy change to clear the backlog the pending cases. I have a few questions below.

1. Can my child (who would be completing 21) file for Family Based greencard for me?

2. Does child has to submit evidence to show financial support, although I am not dependent on him/her and earning by myself?

3. Am I eligible for family based greencard as I have already employment based case in progress and I am already living and working in the US?

4. If yes, can I-485 be filed together along with greencard application and be eligible to work for ANY employer? 

Thanks

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1. yes

2. He has to file an I-864 Affidavit of Support

3. yes

4. The I-130 petition and I-485 Adjustment of Status should be filed together. You should also file I-765 for EAD and I-131 for Advance Parole (both for free) at the same time also. The EAD/AP, which will take several months to get, will allow you to work for any employer, and travel abroad and return, respectively, while the I-485 is pending.

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20 hours ago, newacct said:

1. yes

2. He has to file an I-864 Affidavit of Support

3. yes

4. The I-130 petition and I-485 Adjustment of Status should be filed together. You should also file I-765 for EAD and I-131 for Advance Parole (both for free) at the same time also. The EAD/AP, which will take several months to get, will allow you to work for any employer, and travel abroad and return, respectively, while the I-485 is pending.

 

20 hours ago, newacct said:

1. yes

2. He has to file an I-864 Affidavit of Support

3. yes

4. The I-130 petition and I-485 Adjustment of Status should be filed together. You should also file I-765 for EAD and I-131 for Advance Parole (both for free) at the same time also. The EAD/AP, which will take several months to get, will allow you to work for any employer, and travel abroad and return, respectively, while the I-485 is pending.

 

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Thanks newacct,

Thanks for your response. When file I-765 for EAD, could I work for any employer immediately or I will have to wait for EAD approval which you said could take several months? Also how much time the complete approval would takes before I could get the green card? 

Thanks

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On 4/8/2020 at 8:26 AM, H1BUser24 said:

Thanks newacct,

Thanks for your response. When file I-765 for EAD, could I work for any employer immediately or I will have to wait for EAD approval which you said could take several months? Also how much time the complete approval would takes before I could get the green card? 

Thanks

You have to wait until you get the EAD. It's hard to say how long the whole process will take. It used to be a few months but now it could be a year.

Edited by newacct

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