Thursday, January 21, 2010

How to apply for greencard for visting parents as a US citizen

NOTE: NO PERSONAL COMMUNICATION. PLEASE POST YOUR QUESTIONS ON BLOG.

I-693 (after 90 days of stay of parents in US)

Got both Medical Examination by a INS approved doctor in the vicinity.

==================
I-130 (1 application form for each parent & 1 copy of all the documents - hence total of 2 applications + docs)

Copy of Parent Birth Certificate
Copy of Parent Marriage Certificate
Fees for each parent ($355 right now going on)
Copy of My Naturalization/Citizen Certificate
Copy of Parent I-94 card - both sides
Copy of parent old or new passport (include all non blank pages)
Copy of My U.S. Passport

==================
I-485 (1 application form for each parent & 1 copy of all the documents - hence total of 2 applications + docs)

Check Latest Fees. Fees for each parent.
Copy of My Naturalization/Citizen Certificate.
Make sure you write the visa number correctly in the application form. It's on visitor visa stamp in passport.
2 Color photos of each parent write the name on the back with a pencil
Copy of My Passport
Copy of my Birth Certificate
Copy of Parent Birth Certificate
Copy of Parent Marriage Certificate
Copy of Parent I-94 card - both sides
Copy of Parent old & new passport with all non blank pages
Parent Medical Exam - I 693
G - 325,I - 130, I 864
Copy of siblings Green Card if you have any present in U.S.

==================
I-864 Affidavit of Support (1 application form for each parent & 1 copy of all the documents - hence total of 2 applications + docs)

Copy of I130
Copy of My Pay Stub for last 6 months
Copy of My Employment Certificate
Copy of My Birth Certificate
Copy of My Passport
Copy of My Naturalization/Citizen Certificate
Last Three years tax return (got to near by IRS office to get copy if you don't have)
Copy of last 2 years W2's
Copy of last 2 months bank statements
Copy of Assets - Copy of my 401K, Copy of My ETrade and Copy of My Home Equity Papers. It is optional to declare it if you are above poverty line as mention in form I-864P.
My wages are above the poverty line so I did not have to fill out family support documents.
There is no fee for this application :-)
==========================
I-131 OPTIONAL (Not required to file unless your parent want to travel outside US while I-485 is pending)

I-131 Advance Parole (1 application form for each parent & 1 copy of all the documents - hence total of 2 applications + docs)

I filed this with 485 application so No Fees :)
Letter for each parent as to why they need to leave the country on advance parole.
Copy of Parent I-94 card - both sides
Copy of parent old & new passport
2 Color photos of each parent - write the name on the back with a pencil
==========================

G-325 (1 application form for each parent hence total of 2 applications)

No Fee
No document need to be attached.

==================================

INTERVIEW QUESTIONS: (happen in 2010)

Relax they will only ask you question related to your case. Mostly name change, birth or marriage certificates translated but not very clear. They want to see the original that's it.. unless you are hiding something...

1. oath
2. show passport and citizen certificate
3. why you did not apply together -130 / 485 (applied separately not knowing we can do it together..no problem here)
4. original birth certificate
5. name change supporting documents
6. explain in India most of the time name is different during naming ceremony but change to real name and it is consistent till date.
7. I-94 taken
8. did you help someone to enter illegal in US - NO
9. fraudulent = illegal - NO
10. show birth certificate of petitioner
11. how many children
12. birth date of petitioner

==========================================

END RESULT: Green Card application approved.

Special Thanks to Alok Patel's original blog.

============================================

Path to Citizenship:

Simple process if you are applying after staying in US for 5 years on green card (please check if you are eligible on USCIS website)

1. Form N-400

2. Filing fee check in the amount of $680.

3. Two passport photos.

4. Copies of applicant's Permanent Resident card.

After you send your application to USCIS

1. They call for fingerprinting.

2. Interview in person.

3. Oath ceremony

You are done with citizenship process.

==============================================



ABOVE INFORMATION IS TO HELP OTHERS. I AM NOT LAWYER OR TAKING ANY RESPONSIBILITY OF ADVICE POSTED.

485 comments:

«Oldest   ‹Older   401 – 485 of 485
Anonymous said...

For applying for green card,
1)who has to sign affidavit of birth after signing it by the deponent?Is notary enough ?

2)Which is non immigrant visa number?
In the non immigrant visa for USA,there is one controlling number and at the bottom of visa page,there is a number in red ink.Which is the one that one has to write while filling up I-485 form?

Nehul said...

@Anonymous,

[1] You have sign it in presence of notary or high court.

[2] If you are talking about control number then it is on the top right corner of visitor visa (check your passport)

Nehul

kv cricket said...

Nehul, we got our GCs. Thank you v much for your blogs.

vidya said...

Helo Nehul

I have applied for I485+I130 for my mother. Her US visitor visa is gettign over in another week.
She has received I797 C - Notice of action. Is this good enough? for her to continue to stay in US.

Will we get approval notice ? for I485.

Nehul said...

@Vid,

She can stay in USA past her visitor visa expiration date.

It will take about 5 to 6 months to gc card. First I130 approval after that finger printing, Interview & i485 approval in between.

Nehul

Nehul said...

If you make mistake at custom counter or something is not right on I-94 or stamp on passport in that case go to customer border protection office i.e. http://cbp.gov/

You have to take infopass to visit cbp counter in San Francisco or LA or New York. Please check out zip code of each office in your area because you need that for infopass.

Nehul

Nehul said...

Contact USCIS for infopass and talk to someone

call 1-800-375-5283
enter 11122

Nehul

Anonymous said...

Hello Mr. Nehul,
I am a us citizen. My dad wants to immigrate from India, he has a us visitor visa which expires in 8 months.
I would like to apply for his GC while he is here. Is this OK to do these days ?
How long should I wait before applying after he arrives in US ?
thanks
analog2000

Nehul said...

@analog2000,

It is okay to these days.

You can apply after 45 days. I don't know any rule that says you can apply after 90 days (count the days based on the arrival date)

Nehul

SC said...

First of all Wonderful work by you!
Thank you for all the advice you are giving to people. I have the following quesions.
Is it a must to send in all the pages on the passport? I do not see that as a requirement on 485 or 130.All it says just send visa page and i94.
Also should we wait for some time before we apply for GC for parents visiting on B2 by law.

Nehul said...

@SC,

[1] Send all non-blank pages of passport i.e. one has stamp or visa from different country or expire visa etc..

[2] No such rule. I will suggest to wait 30 to 45 days (you need that much time for paperwork and get medical report etc)

Nehul

Nehul said...

@SC,

Please post your questions on blog & I will reply to each of them. It will benefit others in the future.

Also note I am not lawyer, so very complex questions are better to discuss with lawyer. I don't want to give you or anyone wrong advice. Hope you understand.

Nehul

SC said...

Thank u Nehul!
Can you please delete my comment with email address? I dont want it to be seen.

Anonymous said...

nehul, great blog and topic. i wanted to check you on difficult case and personal thing for parents visit and greencard. can you email me or send me your email address so we can communicate. then i can post the issue and resolution on here, so everyone can benefit. please help.

e dot chicago13 at gmail dot com

Nehul said...

@Anonymous,

Please post your questions on blog and I will reply to each of them.

Also note I am not lawyer, so very complex questions are better to discuss with lawyer. I don't want to give you or anyone wrong advice. Hope you understand.

Nehul

Anonymous said...

Nehul,

Thank you for this great blog! My parents arrived in the US on Feb. 24. From what I read so far, I need to wait for 90 days before submitting I130 and I485. My question is: Can I have my parents' marriage license notarized before May 24 (approximately 90 days after they arrived here)? Their marriage license is not in English. So I need to notarize it. If I have their marriage license notarized, say, March 24, will that be an indication of bearing immigration intention and thus lead to a denial of their GC application later?

Many thanks for your help!

Jay

Nehul said...

@Jay,

[1] No rule of the 90-day waiting period as far as I know. You can apply after 45 to 60 days because you have to do I-693 (medical examination and arrange forms & papers)

[2] No you can notarize marriage certificate any time. It won't lead to denial of GC. Even if they ask that question during the interview be prepaid e.g. say we did it for personal property matters or legal work in India, etc....you got the idea.

Nehul

Anonymous said...

Nehul,

Thank you for the prompt response and kind help! I got a lot of helpful tips from your blog here.

Jay

Anonymous said...

Nehul,

My mother was born in Gujarat and her passport say as such. She does not have a birth certificate.
She lives in Mumbai, can I use non available of Birth certificate letter from BMC (Mumbai Municipal Corp) ? or do I have to get one from Gujarat ?

Sunjay

Nehul said...

@Sunjay,

Get a letter from local authority in gujarat (birth place mention in passport) of non availability & make two affidavits from close relative who know them. You have to pay extra fees to clark of a government office to expedite the process.

You can provide domicile certificate, high school or college leaving certificate, which includes birth date. Try to get as many government documents, which has birth date.

Nehul

AK said...

Hi Nehul,

I was wondering if you also have any information/details on applying for citizenship after parents have GC? How long is the wait period? I read online that it is just 2 years 9 months... any info is much appreciated!

Thanks,
A Krishna

Nehul said...

@AK,

I'm not aware of any 2 years and 9 months waiting period.

It's 5 years consecutive according to following link

http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/path-us-citizenship

Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400, Application for Naturalization.

I believe 3 years is for Green card holders married to U.S. citizens.

Also make sure your parents don't stay more than 6 months outside of US. Otherwise entire cycle change starts over.

Nehul

AK said...

That's very helpful. Thanks for the information Nehul!

Regards,
A Krishna

Anonymous said...

Hi Nehul.
My mother is in US and I am planning to apply for her GC. My father is no more.
I have these questions.

1. My mom's BC has her maiden name and my BC has her maiden name.
2. Her passport has her married name(only last name is changed).

We have church issued marriage certificate, having her maiden name. We have my mom's affidavit.

Since her passport has, her married name, which is different than birth name, would it cause any issues? Do I need to provide more documents?

Thanks,
Xavier.

Nehul said...

@Xavier,

If I am not wrong, her last name was a change in passport ONLY. In that situation, you have to provide some kind of government documents to support it.

I mean why the last name different on passport, affidavit, government gazette with name change (if you don't have you can enter it now) and domicile certificate.

It is important to have some kind of official document to support the name change on passport. Also establish a link between the old name to new name in the affidavit, i.e. name on your birth certificate and name on her passport is a same person.

Nehul

Anonymous said...

Thank you Nehul.
My mom's affidavit has clearly mentioned that, after getting married, she has changed her last name. We have also mentioned the passport # in the affidavit.


Please let me if any other documents are required.

Also, please let me know if I should wait for 30 days to get the medical exam done.

Thanks,
Xavier

Nehul said...

@Xavier,

I will wait for 30-45 days for medical exam and apply after 60 days. In meantime, you can collect all supporting documents and forms.

If you can get any other government issued documents (mention few in earlier post) about name change will help. I will support at least two documents for name change.

Nehul

Anonymous said...

Thank you Nehul.
Since my father is expired, should I mention "prior husband's name/date of marriage terminated" in the forms?

Thanks,
Xavier

Nehul said...

@Xavier,

Yes, you have to mention about previous marriage even if your father passed away.

Please search my blog using "terminated" word, and you will see a couple of question/answers regarding the same topic.

Nehul

Anonymous said...

Hi Nehul,
Me and My wife are both working. Only I am sponsoring my mother. My income is more than, what mentioned in 864A form. So I wont enter my Wife's income in Form 864 (Part 6, Question 6a).

I am attaching my tax returns (jointly filed), which shows combined income from me and my wife.

So the question is, is it ok to leave my wife's income in 864 form, even though tax return shows it?

Thanks,
Xavier

Nehul said...

@Xavier,

You have to mention your name (sponsor)in from 864A. You need a joint sponsor if your income is below the figure mention in 864A or like to join because of income barely meet the 864A figure.

Your joint tax statement has nothing to do with 864A. I mean to say USCIS can see your pay stub and salary figure on the tax return.

In short, keep your name on 864A and attach a tax return + 6 months pay stub and bank statement (with higher balance or whatever you want to add as an asset).

Nehul

Anonymous said...

Hi Nebul,
The place of birth in My Mom's Passport has been recorded as "X" and in BC its been as "Y". Both these places are in same district an dsame state. While filing GC, I'll mention place of birth as X. Is this fine? Or should I mention "X, Y"?

Thanks,
Xavier

Nehul said...

@Xavier,

I will go with date on passport and make an affidavit to relate X & Y places are in same district & state. If you have any government documents to demonstrate or relate that X & Y are the identical places, e.g. Bombay change to Mumbai, but they are two names for the same city.

Nehul

Anonymous said...

Thank you Nehul. Please let me know if you have sample "place of birth" affidavit.

Nehul said...

@Xavier,

I don't have a sample format, but it should be pretty standard letter and any lawyer in that district can make it.

Nehul

Anonymous said...

Thank you Nehul.
My mom already has affidavit(for change of name). In that she has clearly mentioned her place of birth, as per passport.

So question 1) is another affidavit is still required?

If its still required, since My Mom is here in USA, can we get a letter from any lawyer from our district, saying both "X" and "Y" belong to same District/State?

Thanks,
Xavier

Nehul said...

@Xavier,

It is confusing to understand that two birthplaces are identical. I mean anyone get confuse if "X" and "Y" are same city unless a city change name from "Bombay" and "Mumbai."

Yes, one more affidavit will help in establishing "X" & "Y" are same places.

Nehul

Anonymous said...

Thank you Nehul. One of my relative is visiting USA. I am planning to get the below affidavit signed by him. Please let me know if this is correct.


1. I am the deponent herein and citizen of INDIA

2. I was born on mm/dd/yyyy at ABC

3. I am holder of Indian passport 111111, presently in ABC, USA on a visitor’s visa, visiting my daughter’s family

4. H D was born on mm/dd/yyyy to AA and BB, in X, India. I have the personal knowledge of her birth because I was immediately informed of her birth. I know her very well since her birth.

5. In her birth certificate, the place of birth has been incorrectly registered as Y. Both X and Y , belonging to same taluk/same district/same state.

6. H D was married to L F on mm/dd/yyyy at ABC, india. I had attended their wedding. Therefore, the following names refer to the one and the same person

H D (Name after birth)
H F (Name after marriage)
So I do hereby solemnly affirm that above are true and correct statements.

Thanks,
Xavier

Nehul said...

@Xavier,

It looks okay to me. If X & Y is same place and belonging to same taluk/same district/same state, then get government document. It will remove any doubt of RFE during GC processing. As I said "Bombay" and "Mumbai" are same names for city. In that situation, it is easy to get government document to support it.

Nehul

Anonymous said...

Nehul - couple of questions
I am filing GC for my mother(Concurrent filing)
1. Should I be using G-325 or G-325A?
2. I need to fill my mom's biographic info correct and mom has to sign it?
3. Should I be filing one more form, giving my biographic info and sign it?

4. Which checkbox should Mom be selecting under "This form is submitted in connection with an application for" ?

Thank you,
Xavier

Nehul said...

@Xavier,

[1] G325A as per I-485A page 4 answer #8.

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

In above link you will find all the information about I-485 filing.

[2] Yes, enter all the info about your mom and she has to sign the form.

[3] No. Only your mom file G325A.

[4] Check "Status as permanent resident"

Nehul

Anonymous said...

Hi Nehul - the birth affidavit, which is being done in INDIa, should be done in a stamp paper or just notarising is enough?

Thanks,
Xavier

Nehul said...

@Xavier,

I believe an affidavit is done on stamp paper and notarizing it. You will get a better answer from local lawyer in India.

Nehul

Anonymous said...

Hi Nehul - should I submit original affidavits or photo copy?
Thanks,
Xavier

Nehul said...

@Xavier,

You should always submit photocopy. USCIS will keep all the documents submitted with application, and they mention in I485 information pdf not to submit any original copy.

You will find many basic information on I-485 information pdf & search my blog with keyword.

Nehul

Anonymous said...

HI,

1. I WANTED TO ASK IF MY PARENTS ENETER IN US LEGALLY...BUT AFTER 12 YRS THEY HAVE NO LEGAL STATUS...SO WHILE FILLING THEIR APPLICATION WHAT STATUS SHOULD I WRITE? OVERSTAY ?

2. IF MY TAX IS 2000 LESS ....HOW CAN I PROOF MY BANK STATEMNET OR MY ASSEST TO COVBER THAT AMOUNT OR I NEED TO FILE NEW APPLICATION OR JUST SUBMIT BANK DRAFT WITH THE FORMS?
3. WHAT FORMS TO FILL? MEDICAL IS DONE!
I REALLY APPRECIATE IT TRYING TO SAVE PARENST MONEY BY FILLINGMYSELF.

Nehul said...

@Anonymous,

1. Please consult a lawyer. You can go for 1 hour consultation to understand what will happen to GC application.

2. Checkout I864 instruction pdf on USCIS website for details. It has provided all the information about income level to sponor someone. You must be a citizen to sponor.

3. I have listed all the forms at the beginning of the blog. If all the information is overwhelming or hard to understand, please consult a lawyer.

I highly recommend you consult a lawyer based no legal status of parents.

Nehul


Anonymous said...

what to put in advance parole as
dates of travel and reason for travel??

Nehul said...

@Anonymous,

If your parents want to travel during green card processing, then you should file advance parole.

If they are planning to travel enter date and reason of travel.

I don't recommend traveling during the green card process.

Nehul

Anonymous said...

Nehul,
I filed for my parents GC after they entered United States. I filed for i485,i130 and i131 concurrently. This was followed by fingerprints and they recevied their Travel document as well. My father had to go back to take care of some personal business.A few months ago we received a potential interview waiver letter from uscis and that they will be delaying the processing due to workload factors not related to our case. Its been 6 months and now they sent me a i130 denied letter for my father as they say that i did not produce any supporting documentation whereas i have sent all the documents. I never received even a RFE. They have said that i can file a motion to reopen or reconsider my application within 30 days. I am not sure what is the status of my mothers application yet. First of all does my fathers travel document become invalid and also what should be my next move. Please advice and thanks for all that you do!

Nehul said...

@Anonymous,

I don't know many details, e.g. when your father left & came back i.e. before denial letter or after, etc..I am assuming your father is back in US.

You should reopen the case and send all the supporting documents for I-130 & I-485

USCIS has tracking page for every case so you can check the status or call the 800 number. Please search my blog or USCIS website (pretty easy to find)

One thing I keep repeating on my blog that never leaves US on advance parole, or before you get your GC.

If you are not comfortable handling this situation, it is better to consult lawyer.

Nehul

Anonymous said...

What if the US citizen (you) only apply for your mom and your mom divorced 10 years ago. Should she submit her divorce certificate too?

Nehul said...

You need divorce certificate.

arun said...

Hi Nehul, Your blog has been very informative. I had a few questions:

1. Mom in USA and passport expiring in Oct end (in 8 months). Planning to apply for I-130, I-485, EAD and Advanced Parole. Can we renew the Indian passport based on I-130 Receipt?

2. Birth Certificate - Mom and Dad have a school leaving certificate with date of birth on it and also have self affidavit regarding the birth date and notarized in India. We are trying to get the non-availability of birth certificate, but is it ok to submit the I-485 without it?
Also they are quite aged so getting an affidavit regarding their birth from 2 persons older than them is getting difficult. If we get an RFE can we submit other documents like PAN Card, Voter ID etc as secondary proof of Birth Date and include a cover letter?

Thank you.

Nehul said...

Hi Arun,

[1] Yes, you can apply for Indian passport at the consulate. You should also include visitor visa copy & I-130 receipt It is important to have valid Indian passport because you will need it for OCI application (after they become US citizen).

[2] Since you have applied for GC let us wait & watch. If they generate RFE, then you can submit PAN card & Voter ID as secondary documents. Since they are government issued documents USCIS should consider it. Also include a cover letter with explanation why you can't get the affidavit, etc.

Nehul

arun said...

Thanks Nehul. We have not applied for I130 + 1485 + EAD + AP yet.
1. We are thinking whether it would be better to do do AOS here in USA or do consular processing. We tried to inquire with Cox and Kings which handles passport renewals now and they said we need any US address proof for renewal and B2 Visa holder cannot renew passport in USA. They are not fully clear about AOS Pending applications since its difficult to get address proof when AOS Pending.

2. Also we do not have mother's name on my birth certificate. Is it sufficient to have an affidavit from mother saying she gave birth to me? Can we get that affidavit done in USA?

Thanks,
Arun

Nehul said...

Hi Arun,

[1] I will recommend doing green card from US (take less time & easy to handle). You can apply for I-130 and renew Indian passport later on. Local DMV can issue state ID. If you are ineligible for an SSN but are legally present in the U.S., you can still apply for a state ID card. Since they are senior, state doesn't charge for ID.

[2] Your passport (Indian) should have her name. I believe you can do the affidavit in USA but don't know the procedure (maybe Indian consulate). Do you have any other government (Indian) issued document that has mother's name?

Nehul

Arun said...

Thanks Nehul for the previous response.

Recently they were trying to request for non availability of birth certificate and they found out that birth certificate exists and dates are different and does not match the date on Passport.
Date Of Birth on their passport and school leaving certificate/PAN/Voters ID etc matches.

What's their alternative in this case?
Getting affidavit from old relatives is hard as most of them are much younger than them.

Appreciate your help!

Nehul said...

Hi Arun,

I am confuse. Can you explain where birth dates are different?

Nehul

Arun said...

Birth Date is not same in passport as it is in Birth Certificate.
But the Birth date is same in passport and school leaving certificate, Voters ID card, PAN card.

Only birth certificate has a different date.

Nehul said...

Hi Arun,

I am not sure. How accurate is the new birth certificate, i.e. it has name, place of birth, parents name etc.

If I am not wrong, your parents used different birth date or new-found birth certificate doesn't tell the right story. Your parents should know which dates are accurate. Now depending on that you have to either change dates on other documents or ignores the new birth certificate (legit or not). I assume they were using different date (throughout their adult life) on all the documents, and it is not easy to change them without headache.

I think it is easier to make affidavit for non-availability of birth certificate. They can make supporting affidavit for non-availability of birth certificate. Your parents brother-sister or any close relative should be fine (younger or older). Since they have voter's ID & Pan card to support it.

Nehul

Note: I made few assumptions and gave you options. I would have done the same what I outline.

Arun said...

Thanks Nehul. The new found birth certificate is from the Govt. Registrar of Birth and Deaths. Basically what has happened is somehow wrong date has been used when registering the birth whereas the School Leaving certificate has the correct date and till date they have used School Leaving certificate as basis for creating all other documents including passport.

We discovered this when they went to get non-availability of birth certificate from the Govt and then replied saying the birth record exists. The dates are wrong in the Govt record and they are not willing to provide a non availability certificate.

So are you saying not to submit the official Govt. birth certificate with the wrong date with the I-485? One of the attorney says we can use school leaving certificate but we need the non-availability certificate from the Govt. authority to move forward.

Nehul said...

Hi Arun,

I found something for birth certificate issue by Indian consulate in SFO (assuming they are here on visitor visa)

http://www.cgisf.org/page/display/105/236

https://www.indiacgny.org/pages.php?id=83

Hope that helps.
Nehul

Arun said...

Thanks Nehul,
That really helps.

One of our parents is in India currently.
What do you suggest if parent is in India? How do we get past this issue?

Nehul said...

You got two options change everything according to birth certicate or get non-availability certificate.

If they're in india it is better to go with birth certificate route and take out fear of RFE.

It is important both of them are in india or us when you apply.

Nehul

Arun said...

Hi Nehul,
Another question on AOS..

When I apply for AOS from Visitor visa does my legal status change to AOS pending as soon as I apply for i130+AOS or only when I get a reciept of acceptance from i130?

Thanks!
Arun

Nehul said...

Hi Arun,

Once you receive receipt of acceptance i.e. i130 accepted and check clear.

If you apply while you are on visitor visa in that situation never go out of US before you get your green card in hand, i.e. plastic card. At the moment, environment is not conducive to travel on the advance payroll.

Nehul

Anonymous said...

Hi Nehul,

We are trying to apply mom's AOS from San Diego. She is visiting a relative's house in SFO and will stay there for a couple of months. So, can we get her immigration tests done there?

Do you know if visitors insurance covers these med tests and vaccination?

Thanks!

Nehul said...

Yes, She can do immigration test in SFO.

I don't think it is covered (double check with carrier & doctor). In fact, our regular insurance doesn't cover the test.

Nehul

Anonymous said...

Thanks for the response Nehul. I had another question regarding updating the social security info after Naturalization process. I didn't want to stand in the long line to know this.

Do we need to show our original Naturalization certificate in order to get our info updated at SSN office?

Nehul said...

Yeah you can visit SSN office with your naturalization (original) to update your status. SSN office representative won't update anything at ceremony but give you basic info on SSN benefits.

Nehul

Arun said...

Nehul,
Do you know if they consider vaccination from India and how current should the vaccination reports be?

Nehul said...

Arun,

It is up to doctor who performs the test. You can ask him before going through the test, whether he will consider vaccination done in India.

Nehul

Anonymous said...

Hi Nehul,
I am a citizen and sponsoring my parents. They are staying in my brother's house in a different city than where I reside. I will have to fill out the affidavit of support documents while submitting the AOS.

During interview will there be question if my parents are staying away from my place then how will I support them?
What can we answer in that situation?

Nehul said...

Let say your brother is in New York & you are in Chicago. You must enter your address on all the forms. So they will go to USCIS office in Chicago for GC interview.

In short, they can stay in New York but come back to Chicago for GC interview. If an officer asks, "Do you stay in Chicago all the time?" (something on that line) in that case mentioned about your short visits to New York. You can go with during GC interview & don't say they stay in New York all the time.

You shouldn't say too much during interview process and stick to the short answer (never say more)

Hope you got the point.

Nehul

Anonymous said...

Thanks Nehul.
There's one problem though. We are trying to renew mom's passport that expires in about 3 months. Will EAD arrive by then?
If not what can be our alternative?
I can try to get address proof from NY (not possible from my place). The Indian embassy needs AOS receipt (address) and address proof like rental or utility, etc or something. So if we give the NY address will there be a problem while substantiating affidavit of support?

What do you suggest?

Nehul said...

[1] You have to renew her passport. She can get state id (senior citizen get it for free) with NY address. I believe that should do the trick for passport renewal. Once you get AOS receipt & state id go for passport renewal.

[2] I am not sure about EAD time frame. One thing you have to make sure that she can't leave the country before getting the plastic card (with all the mess going on with new gov).

[3] renewal of Indian passport has nothing to do with the affidavit of support for GC.

Nehul

Anonymous said...

Hi Nehul,

Regarding the questions I posted above applying I130, I485 my for parents, had a few questions:

1. For my mom's I130 my original birth certificate issued in 1979 did not have mother's name.
So we got a new one issued now in Feb 2017 stating it is taken from the original birth record and having both mother and father name only ( not Full Names)
Is this sufficient or do I need to provide 2 affidavits for Petitioner's birth from my uncle and grandfather.

2. For my mom's I485, we got her birth certificate issued recently again stating it is taken from the original birth register.
We also have her school leaving certificate with the same details.
Do I still need to provide 2 affidavits for my mom's birth from her uncle and aunt?


3. For my mom and dad's marriage certificate, marriage was registered in Nov 2016 saying the date of marriage in 1975. This was issued by the concerned authority.
Again do I need to submit the 2 affidavits with them or is this sufficient.

We do have the affidavits but thinking whether we should submit them with the initial petition or only submit if we get an RFE.

Nehul said...

You should submit affidavits for #1, #2 & #3.

Only submit a photocopy of all documents, including affidavits. You don't want RFE because it will delay the process.

Nehul

Anonymous said...

Thank you.

Another question regarding mom's I485

We need to submit the form G325A for mom as per the I485 instructions and it asks the Applicants residence in last 5 years.
She has been visiting every year for less than 6 months on visitor visa from 2014. Should we include those addresses in US when she was on B2 visa on the form or just the permanent address in India?

Nehul said...


You have to include all those addresses in US when she was on B2 visa in last five years.

Nehul

Anonymous said...

According to the new rules, do I have to wait for 90 days after parent's arrival
and apply for I-130/I-485 together?

Nehul said...

Even before I am not aware of any official rule of 90 days wait. You will need few days to prepare for your application (medical exam etc) after arrival, so waiting for 90 days make sense i.e. they like America and decided to stay here. You should apply for I-130/I-485 together for sure.

Anonymous said...

Hi Nehul. I have a question. I am an Indian citizen and my daughter wants to sponsor me for GC. However my father's name is spelt differently in different documents:

`1. In the passport, my father's name is mentioned as Panju Iyer ( the correct name is Panchapakesan Iyer and it was the custom in TN to have such shortened names and occasionally even official records are also entered in such shortened popular names ). Same Panju Iyer is mentioned as Father's name in my SSC certificate.
2. All my other official documents issued by the Indian Government like PAN Card ( Income tax), Aadhar Card ( Govt identification card ), Voter identity Card etc bear my father's correct name- Panchapakesan. All my bank and other accounts bear my father's correct name Panchapakesan. I file my Indian income tax return only giving my father's correct name-Panchapakesan.

When my daughter who is an US citizen wants to sponsor me for GC, how should this be corrected? Will this create any problems?

Thanks and regards

Nehul said...

Anonymous,

I am confused whose father name mentioned incorrectly in the passport. So I am making an assumption i.e. applicant whose daughter is sponsoring GC got his father name wrong on his passport & SSC certificate (Panju Iyer instead of Panchapakesan).

If above assumption is right please make changes in your Indian passport because USCIS goes by the name mentioned in the passport.

I assume you must have provided some kind of document, so correct name "panchapakesan" appear on all government documents i.e. PAN Card ( Income tax), Aadhar Card ( Govt identification card) & Voter identity Card. You should use same documents to change your father name on the passport.

Nehul

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