Family based greencard through child


Recommended Posts

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

Link to comment

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.

Link to comment
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.

 

Link to comment

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

Link to comment
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
Link to comment
  • 5 months later...
On 10/3/2020 at 9:53 PM, H1BUser24 said:

Hello,

If 21 year old US citizen child who is sponsoring green card to his parents, is not earning and doesn't have any income, how would he submit I-864 (Affidavit of Support)? What if parents are already residing and working in the US?

Thanks. 

Have the parents earned 40 quarters of Social Security credits? If so, then I-864 is not needed.

Are the parents residing in the same residence as the child? If so, then their income can be counted as part of the child's household income on his I-864.

Otherwise, the child will fill out an I-864 with insufficient income, and they will need to find a joint sponsor who has sufficient household income to fill out a second I-864.

Link to comment
  • 1 month later...
On 4/6/2020 at 2:02 PM, H1BUser24 said:

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

In what Family Sponsored category the green card will be filed by the 21 year old US citizen child for their parents? Parents are already living and working in the US. What would be the wait time in this Family Sponsored category?

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...