How long does it take for GC for immediate Family

[pradgnya]

Hi,

I am planning to apply for GC for my parents who are currently in India.

1.How long is it taking for getting GC currently for immediate Family members?

2.Is processing time different if we apply it in US or in INDIA?

3.What are the travelling restrictions (visiting USA on existing travelers VISA) during the GC processing.?

Thanks

Pradgnya

[Attorney_11]

Generally, immediate relative immigrant visa consular processing or adjustment of status applications can take anywhere between 6 months to a year. Generally, adjustment of status (applying for the green card while lawfully present in the United States) is observed to be quicker. However, travel and immigrant intent issues must be considered and prior to filing a case by case review of law and application of law to facts is advisable to avoid issues which could delay or derail immigrant visa/green card processing. It is recommended that a appointment for immigration consultation with a qualified attorney be made prior to filing any documents.

[FishCurry]

Applied GC for parents in Sept 2012. The biometrics happened Oct 2012. No other progress. They said it could take 6 months. Its beyond 6 months now. Now they said it could take 7 months. You can keep calling them and asking for a status check.

If you apply while they are in the US on visitor visa, their status changes to "Perm Resident in process". They can no longer enter US using the visitor visa. They need to use the "Advance Parole" document to enter US, while the GC process is on-going.

If you apply in India, they cannot come to the US, until they get the greencard. Not sure how long that takes.

Apply for Advance Parole if applying in the US, so parents can take a trip out of the country. The Travel document is valid for 1 yr from I-131 application date. They sent 2 copies of the letter, to be used during re-entry twice if needed.

If the GC interview happens to be scheduled when they are out of the country, see if they can come back for the interview. Otherwise, call USCIS and reschedule interview date. Im told that the rescheduling can delay the process.

[omshiv]

Generally, immediate relative immigrant visa consular processing or adjustment of status applications can take anywhere between 6 months to a year. Generally, adjustment of status (applying for the green card while lawfully present in the United States) is observed to be quicker. However, travel and immigrant intent issues must be considered and prior to filing a case by case review of law and application of law to facts is advisable to avoid issues which could delay or derail immigrant visa/green card processing. It is recommended that a appointment for immigration consultation with a qualified attorney be made prior to filing any documents.

Please excuse my ignorance...I thought immediate family would mean only Spouse and Kids under 18...

So does applying for Parents and siblings take only 6 months to 1 yr? as they are considered to be immediate relatives.

[Attorney_11]

The Immigration and Nationality Act defines immediate relatives as the children, spouses, and parents of a citizen of the United States. Siblings of United States citizens are not immediate relatives, per the definition in the Immigration and Nationality Act.

[omshiv]

The Immigration and Nationality Act defines immediate relatives as the children, spouses, and parents of a citizen of the United States. Siblings of United States citizens are not immediate relatives, per the definition in the Immigration and Nationality Act.

Thanks Attorney 11 for clarifying my question.