Family-Based Sponsorship

[Attorney_22]

This week, the Murthy Law Firm attorneys will answer questions relating to Family-Based Green Card Sponsorship.     

 

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[Attorney_22]

Although an older article, the information is still useful in understanding family-based immigration:   http://www.murthy.com/2012/03/26/family-based-immigration-simplified-2/.

[Yogesh219]

Hi, I am in USA for 8.5 years on H4, always in legal status, my brother (US Citizen) filed I-130 in Apr 2010 which approved in Jun 2014. Should keep waiting for visa number or some one said I can file I-485 (change status) as in USA since many years. Does it make difference when I am in USA? My husband already have I-140 approved, will that help for GC filing?

Thanks,

Sejal

[JoeF]

Hi, I am in USA for 8.5 years on H4, always in legal status, my brother (US Citizen) filed I-130 in Apr 2010 which approved in Jun 2014. Should keep waiting for visa number or some one said I can file I-485 (change status) as in USA since many years. Does it make difference when I am in USA? My husband already have I-140 approved, will that help for GC filing?

Thanks,

Sejal

 

An I-485 can only be filed when the PD is current. How long you have been in the US doesn't matter for that.

The PD for Family Category 4, siblings of US citizens, is about 12 years back, so you'd have a long wait for that.

It is likely that the PD for your husband's I-140 would get current sooner.

[svindian22]

I am a US citizen and want to sponsor my mother for a green card. Her date of birth on school records, employment records in india and passport is a particular date. However when we recently tried to obtain the government village records we notiiced that the date of birth recorded there is off by a few days. Does USCIS need government village records and if yes how can we resolve this situation?

[Attorney_22]

Generally, USCIS considers the birth certificate as controlling. Therefore, either the birth record at the municipality must be corrected, if inaccurate, or your mother must start revising her other records to match the birth certificate. 

[Yogesh219]

An I-485 can only be filed when the PD is current. How long you have been in the US doesn't matter for that.

The PD for Family Category 4, siblings of US citizens, is about 12 years back, so you'd have a long wait for that.

It is likely that the PD for your husband's I-140 would get current sooner.

Thanks,