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Desiboy1964

Family based Greencard some clarifications needed

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Currently I am on visitor visa in US and on a visit to my sister who is a US citizen. My visa will expire next year in June and I am leaving US in another couple of weeks back to my country of birth India. I wish to seek green card sponsorship under the sibling category. My sister is eligible to sponsor me as she is US citizen and over 21 years of age. I am 47 year old male.

Below are my questions:

Am I eligible for the green card sponsorship?

What are the initial documents required at my end for filing the application by my sister.

What are the documents required at my sister's end for filing the petition.

Should the petition for the green card be filed by my sister when I am in US or should it be filed while I am in India?

Once petition is filed by my sister for the green card and the same is approved can i come back to US on visitor visa?

As my visitor visa will be expiring in June 2012 is it advisable for me to visit once more to US before the filing of Green card petition and if it is alright then should the petition be filed here in US while i will again visit here during some time end of this year around early December 2011?

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The current wait is 11 years and three months and you should factor that into the equation. Anecdotal evidence suggests that once you have a tourist visa then people have travelled after having an Immigration petition for them. But you will not get a visa after filing the Immigration Petition. Hence if you want to get the visa extended next year and once you have a 10 year visa then have her go ahead. She can file irrespective of where you are. The Forms and instructions are in the USCIS website.

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Thanks for the reply , but I heard that once petition is filed and you have tourist visa you wont be able to travel back to USA irrespective of whether you have the b1/b2 visa available with you. Secondly people are saying that it is beneficial to file the petition if you are in USA.

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I did say anecdotal evidence. Now when you arrive here on the B2 visa you are certainly not asked if you want Immigrant Intent. Filing while you are here is not better. The question is whether you want to migrate here at the age of 58 years. Why would you do that? On the other hand you can come over on H1 status if you are qualified and find a suitable sponsor and maybe have a sponsor file a GC. As far as H1 is concerned Immigrant Intent is not a bar.

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