I am a US citizen and appreciate your guidance in this topic. I have one question my mother is my step mom and my dad and step mom married after i turned 18. How can i apply for her as well for green card ?
I have been watching your CZcams Channel and I find your videos very interesting coz you explain thoroughly. I was once upon a time an applicant for Green Card and now a Green Card holder. How I wish you were my lawyer, i was that time confused bec I thought I can just get a lawyer near me. Anyway, I always advised my friends to watch your videos. And you know, Ive noticed also, that you reply to the questions sent to you. May God bless you more ❤️
I did apply for my mom to come to the US. Form I 130. I am a US citizen. I got I-797C notice of action. The wording in the nitice made sounds I am not a US citizen. Am I missing something? Is the I-797C standard ducoments sent to all immigrants?. I put my old A numberr in the initial I 130 . Did I mess this up. Please help by giving an answer.
I want to petition for my dad to move here from the uk. He’s been having health issues and I’m his only child. My parents are divorced, what is the process for filing for one divorced parent?
What form should i file my parents are her in the us October 22 do i also have to wait 90 days before i can file petition for them my parents wants to stay with me because they are senior citizens already they want to live with me they like America what form should I submit
My father used to live in the US with a greencard that did not had an expiration date, he lost it back over 20 years ago and left the country with a i-557 stamp in 1996, now he want to come back. What would be the best route
Good day atty. I have a minor us citizen child and is living with me here in the philippines..what visa can i apply id i want to bring him in the states..thank u sir..and God bless
Can I use the I -130 form to make my parent a us citizen if the entered ILLEGALLY ?? Or do you recommend any other process . They are currently in the US and have lived for 30+ years •They have proof of income/ and bills for 20+ years •No crimes committed •I am 21
Hello! You have brilliantly explained the reasonings that I didn't even know. If I may ask, if applying for a green card (with the traveling half a year thear and half a year there in mind)not the best option d/t potential travel barriers in the future, what do you recommend applying for instead for parents? Or is it just a travel visa only then? Thanks again for your time!
I am Jannatul Naim Soma .i am us citizen. I already applied for my mother .USCIS received my application.They send a receipt notice on March 25, 2022 but the processing is very slow. Is there anything I should do for faster processing because my father died on 2018. I am only daughter of my parent. My mother have nobody accept me.pls response
Can we still fill out the I 130 that will be processed at the consulate while they are here as tourist ! My dad is here as tourist and I can’t do adjustment of status because he doesn’t not want be stuck here but also we don’t want to wait two months until he leaves to start the process .
Hello,my daughter applied for G.cards for both of us as parents on 19th September 2022.we r in USA still.we r living in VIRGINIA STATE. last month my husbands I130 messages showing continuously four weeks, finally one week.this happened in last week November 2023.16 months completed. When we can expect our cases finished and get GREEN CARDS. Thank you very much in advance for yours reply. Tq
Hello petitioned my mom for green card. She got approved and arrived US with "green card" visa. Within a week, her ssn arrived. But its been over a month now, we r still waiting on her green card. How long does it usually take? I paid all the fees when i applied.
Quick question we tried the normal way im born here in the us my parents weren’t the only option is me going to the military but my question is can I still fix her if he leaves rn to Mexico am I join the military after can I still fix her while she is over there??
My parents came to the US illegally year ago, before I was born. I am currently 23 & I would love to help them get residency here in the US. I’ve heard many people don’t get approved how likely is it for them to get approved?
It depends on whether they entered the US with a visa (with inspection). If they entered legally, then you can probably apply for them immediately with a high chance of success. If they enterend illegally then they might qualify if they can get advance parole, or show that they qualify for INA 245(i) relief.
How do we know if they entered illegally? I’ve asked my dad. And for as I know. He’s only been to Mexico 4 times since I’ve been born. I’m 30years and he ended going back. But 6 years later. He’s my only parent left because my mom passed away from cancer with I was 21. And I don’t want to lose another chance to say goodbye. He’s in his 60s now and only moved back because my grandmother was dying. No she’s passed, he’s stuck over there. :/ I believe he has his Mexico citizenship.
Hi sir, I have a quick question: I started a process (DS-160) to invite my dad on my graduation, and I want to start filling the I-130 form when he come to the U.S. Is it possible to begin the I-130 while he come to the U.S. on tourist visa?
My husband and I are staying here on B1B2 visa and we are legally allowed to stay till March 2023. Our son who is a US citizen wants to file an immigrant petition for us. Does he needs to File I-130 and i-485 altogether at the same time? We never had issue on over staying here by the way. What is the chance that this gets approved? Thanks for your reply.
You should speak with a lawyer because this can be a complicated decision with certain consequences. You CAN file the I-130/I-485 together if your child is a US citizen over age 21.
Thank you for the information. If im requesting my mom and step dad from outside of the US, they dont have a tourist visa but rather ESTA with their european passport, would they need a visa through consulate to continue the process? and as well, if they have ESTA can they come in to visit while the process is happening? What forms are needed other than the I-130 ? thank you again
Do I have to live in the US to petition for my Father ? Iam US Citizen, but I go to college in another country, so my dad wants me to drop out of college he said i need to be in usa. if i keep my residency in the usa , and continue studying abroad , will i be able to apply? not living in the usa would bring any problem to the process? , it can be denied?. thank you if you can answer!.
Yes, you need to be residing in the US. You might be able to go to college abroad if you maintain a permanent address in the US, but if you fully live abroad then you can't fill out the affidavit of support until you can show that you are living in the US.
@@DarianLaw if a US citizen sponsors for him , and I keep my home address in the US, would it be possible to apply? And How long do I need to be in the US? sorry for so many questions, it's been very difficult to find on this specific subject 🙂
Hello! My parents have been in the United States for over 15years now without leaving the country, no criminal history or anything whatsoever. I just recently turned 21 and was wondering if there’s anyway i could apply for some type of citizenship or visa for them just to secure their stay here. they don’t plan on leaving the country they just want to be able to stay in the US without any problems. One thing is that they came into the United States illegally. Does that change this drastically? I appreciate your help!
Yes, unfortunately I see this situation on a daily basis, and the determining factor is whether they initially legally entered the US. They can't fix their status through a family petition unless they can somehow cure their illegal entry.
I’m 17 and i want to learn and prepare for when I am 21 i have a question i heard that if you join the army you can help get your parents papers is that true ??? I am a us citizen ? If so what do I need to join the army
Hi, can i petition my mom even if i am not working at all, im a housewife and taking csre of our 4 years old son, and my husband only who is working. Can i still file I-130? Waiting for your reply! Thank you sir!
Hello. Very helpful video. If the aim is to sponsor the immigration of an elderly parent (95yr old) and the parent definitely will not need to return to the home country, would the 'fastest' approach be to apply for a B-2 visa and then file the I-130 and related documents after the parent arrives? I understand that this approach is a bit more complicated and expensive, but is it the fastest in terms of various processing times?
No. The only time to adjust status on a B2 visa is if they already have a B2 visa and are already in the US when you make the decision to petition for them. If they intend to move to the US permanently then just file an I-130 and do the process at the consulate.
Great video, so I have a question I heard my wife(us citizen) can file for my mom who live in another country I just recently got my green card and know I have to wait for 2 years until I become a citizen but I heard my wife can do it is it really possible?
This is so helpful and very easy to understand. Thank you for your channel. I have a quick question. I have applied for I-130 for my 73 years old mother. But until now, I haven't heard anything at least for my background check. Will it not complicate the status if I apply for a tourist visa for her? Then, once she comes here, I'll apply for a readjustment? Thank you in advance for the assistance!
Hi my son born in new york but we leave in us last 10 year ago we live in indua now he is 13 they told me go back country mom they cannot constraint the study can i apply green card any option
Hi there I do love your videos and explanations. As of now I am still waiting for the approval for my I 130 for my mother. And last status checked for my petition they have already reviewed her papers.My question is can my mother have a tourist visa while waiting for her I 130 petition approval? Thanks
She can have a tourist visa, but it might be difficult for her to get one (depending on which country she's from). She would also need to convince the consular officer that her intent is just to visit, even though she eventually would like to migrate to the US.
Hi i have a question.. I am UK Citizen with my 4 kids my Husband's brother is US citizen.. If he apply petition for my Husband.. How long it will take is UK passports will make duration a bit shorter or how long this process takes?? Waiting for your answer
Hello , one of the questions on the I-130 form is " Provide the address in the United States where the beneficiary intends to live. We will be filing the form outside the U.S., so we won't have a U.S address when we first file, but we will hopefully address during the interview stage. My question is- what can we put on the form? As I don't want to leave it blank. Thanks
My mom left the United States 10 years ago whenever my dad passed away, she moved to Europe. She only had a 1-94 and social security number. She never had a us passport or green card. We came into the United States as refugees in 2001. She basically abandoned the United States at the time. My question is, will she be allowed back into the US and what would be the options and steps to bringing her back. Thanks,
She can be allowed back if she has been outside of the US for 10+ years and does not have any other forms of inadmissibility (such as fraud or criminal issues). She probably needs somebody to file a family petition for her first. For example, if she has a US citizen son or daughter over the age of 21 then that son or daughter can file a family petition for your mom.
Hi how long wud that whole process takes these days as i hve heard that time period for parents adjustment of status has been faster than before. 2. How long it wud take after biometric to get ead or advance parole?
I don't know the exact timeline because everybody is experiencing different processing times at the moment, but GENERALLY 8-20 months. EAD should come pretty fast (1-3 months), and AP will probably take around 14 months.
Mi hija ciudadana me esta solicitando green card. Estoy en mexico. Pero viví ilegalmente en Usa Mi reposo fue deportado por drugs me afecta en mi caso?
Si vivió ilegalmente en los EE. UU. en los últimos 10 años, entonces sí, afecta su caso. Debe esperar 10 años o solicitar un perdon. Su caso puede ser denegado si es cónyuge de un narcotraficante y ha recibido beneficios económicos de su cónyuge en los últimos 5 años.
Hello! Thanks for your video. So let´s say they are in a foreign country and we submit the petition. While the petition is being evaluated, are they allowed to come in and out of the country (US)? It wouldn´t be with a visa but with an Italian passport that allows them to be in the US for 3 straight months.
They can probably continue to travel on their Italian passport with ESTA but when they arrive at the airport CBP might ask them about the petition and question their intent to verify that they are truly visiting for tourism, and that the purpose of their visit is not to permanently live in the US.
No, you can't add spouse or children to that category of I-130 filing. Great question though. This is explained on the I-130 instructions (page 1, Note 4: www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf)
Hello sir iam citizen of USA.Apllied green card for my parents on May 2021 and received confirmation receipt on June 2021 SAYING NEBRASKA IS MY PROCESSING CENTER. Gave biometric on August 20th 2021. from then waiting to hear from USCIS NEBRASKA SERVICE CENTER. WHEN CAN I EXPECT MY PARENTS GREEN CARD APPROVAL
@@sarathicooks4801 Processing times depend on the city in which your green card application is being processed. Go to egov.uscis.gov/processing-times/ and search for I-485 in the city that is processing your application.
Hello there ! I’m 23 years old my mom has been out of the country for years now, I’m trying to apply for a visa for her to come back but just visiting, just coming for months leaving and coming back. What forms should I be filling out ?
Sorry for late asking..my question is our son born US citizen, when he trun 22 he sponcer us for immigration, our PD is 2 Aug 2021 and our DQ is 29 sep 2022, we are in june 2023 its been 9 monts now,still no sign for interview. we live in pakistan i heard our islamabad embassy is overload. So my question is i have valid visit visa, can i visit US no problem ? Second if i come there can you do something to make our legal staus till we we get green card ? Thanks and waiting for your response. Regards
You can use your tourist visa if you can convince the customs officer at the airport that your intention is to leave the US after you visit. It is a good idea to bring evidence of your ongoing obligations in Pakistan to show that you plan to leave the US. After you enter the US there might be other options available. I can discuss this with you during a consultation so that you can understand your options.
@@DarianLawappreciate your reply sir, I think I should wait here in Pakistan, otherwise I will get stuck in US until I get green card..in any emergency situation I can’t leave US…thanks brother
Hi! My parents got their tourist visa denied. ☹️ I want to petition them since I am a US citizen. My question is, how does this denied tourist visa affect the petition with the I-130? Thank you so much in advance.
Denied tourist visas are common. The most common reason (even though the consulate will often not provide any reason) is because you failed to demonstrate your intention to return to your home country after visiting the US. A denied tourist visa generally shouldn't affect the I-130 process so long as there was no fraud determination.
Maybe. Your father would still need to somehow fix his illegal entry to be eligible for adjustment of status. In this type of stiatuation your disability will not help him fix his status, unfortunately. Check out this video about fixing an illegal entry: czcams.com/video/TF96jpgZp1U/video.html
Hi, i have a question. I am petitioning for my mother. I lost my father last year so it’s only my mother. When is asked for my mother marriages should i add the one with my father as it is in the past or not? My mother has been married only once, and that is with my father. Also about name change should i add her last name also before marriage? Does that count as a name change?
I'm sorry to hear about the loss of your father. Yes, you should list your father as prior marriages ONLY IF your parents were legally married (with a marriage certificate). The marriage ended through dead of a spouse, and the "termination" date of the marriage is the date of your father's death. Name changes can be complicated and depend on the country/state. If the marriage certificate legally changed her name, then use her legal name. Some jurisdictions allow the surviving spouse to continue to use their married name after a spouse dies. Sometimes I will just use the "birth name" and will list married names as "other names" so that there is less confusion.
Hello, is there a way that people can look up at previous denied applications? Like What’s the best way to find out the exact year another person tried to sponsor an immigrant🤔
Yeah, the best way is with a records/FOIA request, using USCIS Form G-639 or this link: www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act
If i petition my parents to come here in the US while they are in their home country, will they still be able to come visit using their tourist visas while the petition is ongoing?
I am a US citizen, im planning to petition my father and his wife(my stepmom). They’ve been together when i was 11yrs.old, i am 27yrs.old now. They just got married last year because they wait for the annulment of my dad and mom. Is that possible to petition my stepmom?
No, you can't petition for your stepmom unless the marriage to your dad was before your 18th birthday. For immigration purposes she is not considered your parent for a family petition. However, after your father becomes a permanent resident there are circumstances under which he can petition for his wife (your stepmom).
Thank you for everything you have done for us, explaining clearly some information. I have a question, please. I applied online for my mother in August 2022 from i-130 by itself. And I heard that I need to submit the i-485 form also . Can I do it right now after 8 months? Thank you
Maybe. The answer most likely depends on whether (1) you are a US citizen over the age of 21, and (2) your mom entered the US legally (with a visa or was paroled).
Thank you for your video, very informative. My mother just arrived from Africa 2 weeks ago, is it safe to apply now for an adjustment of status or wait couples months?
I assume your mother entered as a tourist. Somebody who enters on a tourist visa must have tourist intent - not the intent of somebody who wants to permanently reside in the US. USCIS will sometimes apply an unofficial policy of determining intent by looking to see how quickly somebody applies for adjustment of status after entering the US as a tourist. Applying within the first 90 days can sometimes be viewed as a red flag. I suggest scheduling a consultation with me or another immigration lawyer to create a plan for your mother.
Hi, I am filing I-130 for my parents. I have a question, where can I get the Travel Document number? It’s telling me to provide a response and I cannot leave it blank. I did a research it says that the Travel Document number is a Visa number. My parents do not have a Visa number yet, they never been here in the USA.
Hello, please I have a question. I am a citizen, I filed for my parent that live abroad an immigrant petition to become green card holder. I filed for them feb 2022, the processing is very slow so I want to file for them the B1/B2 visa for them to come visit. What’s your advice on that. My mom visited last during the COVID in 2020 and now her visiting visa has expired.
@@bintsaidi9600 This is a very complicated question and depends on a lot of variables. Sometimes it's a good idea - other times it is risky. I recommend scheduling a consultation with a lawyer to go through everything.
Hey my mom has been a resident here in the us with her green card 30+ years I want to make her a permanent citizen any advice first time looking into this thanks for the video
My daughter is 21 and still in university who will graduate next may, working part time. She just lost her Dad so she would like me and her sibling to be together there in US. She has sibling 24, 16 and 12 yo. She wants me to attend her graduation on May. What is the best way to apply now or after she graduated? But i dont want to leave my under age children for more then a month. Please give me advice for the easiest and cheapest way. Thank you so much.
I'm sorry - I don't understand. Is your daughter in the US? Where are you? What is your immigration status? What is your daughter's immigration status? Do you have tourist visas?
Thank you for answering everyone questions! Wow you are very active in your channel! ❤ i do have a question is it faster if I applied for my mother first and when she gets her citizenship she can apply for my siblings, is that faster than petitions for my siblings and I hold the citizenship . I just don’t like the idea if petition for my siblings it will take 13 years!
Yes, it is faster to petition for your mother so that she can petition for your siblings. But I think you should ALSO petition for those siblings, because if your mother dies then the petition dies with her.
@@DarianLaw thank you very much for responding 🥰… if my mother got the creen card can she apply for my brother to come to the states or she needs to become a US citizenship first and apply for him? He is 35 years old not married…
I am us citizen over 21 can I file for my mom who lives in the us? Can I also file for my siblings they also live here as well. They are over the age of 21.
Yes, I handle cases like this all the time. The biggest barrier that I see is when the parent entered the US without inspection (illegally through the border).
Hi my both parents have been visiting the USA and I just got my citizenship I want to file green card in their next visit because I feel the process will be quicker if they are in the state but they may want to go back and forth .
Question 1.how soon after citizenship can you file for parents who have been visiting the USA for almost 8years and never overstayed. 2. Can I file for both parents at thier next visit on one application?& if yes is it one or double fee? 3. If parents have good income from back home will it help my filling cux it will support even thier stay . 4 do they have to stay after they get their residency? Because they may want to go back and forth . Lastly if my income is not taxable but my husband filed jointly with only his income . Will I be able to include mine while filling . Please and thank you
Are you a US citizen? If not, the first step is naturalize. If you need assistance with naturalization or the family petition for your mother please call my office or book a consultation through my website and I'll meet with you: darianlaw.com/schedule-a-consultation
No, but I handle cases in Washington and throughout the US. Immigration is federal law, so I can practice nationwide and the majority of my clients are not local. Consultations can be via video or telephone, and afterwards I will email (or mail) the forms for your signature. My physical office is in New York.
Hello, I am a 24 year old U.S citizen who is hoping to petition for her two immigrant parents who came here illegally. They have never been deported, haven’t been going in and out, and I meet the income requirement. They came here 25+ years ago. Is there hope?
Great question. The answer is: maybe, but unlikely unless they qualify for one of the exceptions below. The problem is that they will eventually need an unlawful presence waiver to cure their unlawful presence, but somebody can only get approved for a waiver if s/he has a spouse or parent (who is a citizen or permanent resident) who will suffer extreme hardship. So each of your parents needs a spouse or parent who has immigration status, at the very least. I am assuming that neither parent has a spouse or parent with a green card or citizenship. There are two notable exceptions to this analysis. (1) If an employer or family member filed a petition on behalf of your parents before 2002, then your parents may qualify for INA 245(i) relief, which would allow them to become permanent residents without a waiver. (2) If your parents have TPS then they might be able to apply for advanced parole to leave and legally re-enter the US (and thereby cure their illegal entry, rendering them eligible for adjustment of status in the US).
@@zogloid Yes! It's called military parole-in-place. If the child is in the military we can usually fix the parent's illegal entry. I'm posting a video about this topic in an hour.
@@DarianLaw Sorry I didn’t know there’s a difference between illegal entry and over staying until visa ran out. To me they are all undocumented. So back to my previous question, the parents entered the US legally but didn’t leave when there Visa expired.
Iam a US citizen and want to apply for a green card for my mom and Dad, who are living abroad but occasionally visit the US. What forms would I need to file? Thanks in advance.
The form you need to file to begin the process is Form I-130 (for each parent). However filing this may make it more difficult for them to travel on a tourist visa. I strongly suggest consulting with me (or another immigration attorney) before filing the forms to explore other possible options.
Come on help me out how did u did it? I am a U.S. citizen and my mom is here with me at the moment and I would like to apply green card for her what should I do what form do I need to fill out?
Am a us citizen I want to petition for my parents they have a work permit for almost 10 years is there any possibility for a green card or a permit for my dad to go visit his 97 year old mom?
Maybe. The answer to this most likely depends on how your parents entered the US. You should schedule a consultation so that we can do a complete analysis.
Thanks for the crystal clear VDO. We are Indian citizens and at present we are in the USA from 18th November 2021 on B1-B2 VISITORS VISA. Our Son has filed for our Green Card in the last week of February 2022. He is a US citizen. We have just received working authorization as well as Social security numbers. Also received I 693 medical deficiency letter on the 21st of this month. We are advised to submit our Medical only after we receive an interview call or interview waiver message. Please advise us when we can expect our Green Card in our hands. Also we have applied for advance parole. We are India citizens and it's absolutely necessary for us to return to India for some reasons. Is it safe to travel to India on Advance Parole?
Advanced parole always carries some risk, but yes, it's generally safe to re-enter the US using advanced parole right now. The total green card processing time varies by city but is less than 1 year in most of the US at the moment. Do not submit the medical exam until you receive a specific request for evidence OR an interview notice.
How do bring you biological mother , but you grew up being told you mother is your grandmother , and when you grow up you go back to you country and find out you real mother ? How does that work ?
Hello, I am a US Citizen and I submitted a b2 visa application for my mom in 2021 to visit the US. Although we did not move on with paying fees to process that application I then again submitted a petition for her in February this year. Is her tourist visa application going to affect her chances of being approved for a green card ? And how long does it take for an electronic application to be processed since I haven’t heard anything after submission. Thank you
The tourist visa application probably won't affect the family petition, but you should consult with a lawyer before she attends the final consulate interview. Processing times vary because you need to combine the USCIS processing time, and the consulate's processing times. I usually estimate 1.5-2 years to be on the safe side, although it can be much faster in some circumstances.
Hello My son is 17years and he is a citizen can you have me process my B1/B2 Visa for me and husband and my youngest daughter my son want to visit US and can I get your email address or phone number thanks
It doesn't matter how long they've lived here illegally. The important thing is how they entered the US. If they entered with a visa or parole or are eligible for 245i then they can probably fix their status. If they entered illegally and don't qualify for one of the exceptions then their options may be limited.
You can petition for your adoptive parent IF (1) the adoption took place before your 16th birthday, and (2) if you were in the legal custody and lived with your adoptive parent for at least 2 years before filing the petition.
Hello sir. My son is a US citizen and i visited him twice with b2 visa twice and returned back. My husband is going for his tourist visa next month. We dont want to stay in US permanently and get green card since we have old age parents at home. Will the officers approve my husbands tourist visa
This is a difficult question to answer because tourist visas can be denied for almost any reason. The most common reason for visa denials is because you cannot prove that you only intend to visit the US. Your husband has a higher chance of approval since his wife (you) already has a tourist visa and never overstayed. Your husband needs to bring a lot of evidence of his intent to leave the US after a visit when he attends his consular interview.
Hi and thanks so much for the informative video. My mother is in the us after overstaying tourist visa that is now expired for several years. Should I file the I-130 application , green card application , and work permit application all together? Thank you
My answer is probably "yes" but it depends on a lot of factors. You should really consult with an immigration lawyer before you file anything, even if you plan to do it yourself.
Good afternoon mr darian, i have a question, can i petition both of my parents who live with me even they out of status for long time? Is there any problem if i use form i-130. By the way i’m us citizen, thank you
Yes, you can. But remember - you still might need to prove that they entered the US legally. If they entered with a visa then you might be able to file the green card and work permit application at the same time as the I-130 petitions. Otherwise they might have problems. I recommend scheduling a consultation with an immigration lawyer to create a plan before you waste a lot of time and money.
Right now me and my wife both are here in the US with my son who is a US citizen. My query is that what documents are needed to file our green card petition. I am 75 years old and my wife is 69 years old. My son is 47 years old. Should we go for a DNA TEST to prove that he is our son?
A DNA test is rarely required to prove paternity. Are you listed on your son's birth certificate? I made several videos about the document requirements, however for personalized questions like this I recommend scheduling a consultation so that we can create a detailed list of required documents.
None, unless we can show that your mom is eligible for permanent residence. We need to show that she was inspected/admitted to the US (or was paroled) or that she qualifies for an exception (under section 245(i)). Please note that the I-130 will not confer any immigration benefit. It will only show that she has a qualifying family relationship as a prerequisite to applying for permanent residence.
@@DarianLaw thank you!!! If she qualifies for an exception (245) would I have to put that in the I-130 form? Also, in the I-130 form what if the mom doesn’t have a I-94 to upload to the I-130 form🤔
@@SusyMaldonado You can leave the I-94 section blank on the I-130. If she qualifies for section 245 then you would indicate that on the green card application (Form I-485). You need to confirm that she's eligible before you file Form I-485 (the permanent residence application).
@@DarianLaw Immigrants who did not enter the United States lawfully generally cannot apply for an adjustment of status, but what if they are an immediate family and a visa is available…can they still apply to I-485 and get approved/succeed?
@@SusyMaldonado No, you generally need the immediate family petition AND proof of legal entry. Sometimes you can cure the illegal entry with advanced parole (advanced permission to leave and legally re-enter the US).
I was looking for this information, thank you. I would like to apply online for my mom's green card. I am over 21 and us citizen. She entered legally with a visa, no criminal record. I know I have to file I-130 and I-485 plus her medial exam. Is there anything else I have to do? I would really appreciate your advice.
You probably need to file the I-130, I-485, I-765, I-131, and I-864. I have a few videos on doing this process. If you fill out the paperwork and need assistance with some of the questions then please feel free to schedule a consultation so that we can review everything. I recommend uploading the completed files to your client portal (with my office) before the consultation so that I can access everything. I am also available to prepare everything on your behalf.
Usually not. In rare instances a DNA test will be required. I have only seen the DNA requested one time for a case where a father was not on the birth certificate.
@DarianLaw, when filling out the form It asked for what address my parents intend to live in I currently live in the dorms of the military What do I do
My mom is 85 years old and I still want her to live with me here in the US because she's still alive!
Wow, so you should file a family petition for her so that she has options in the future!
The best and a crystal clear explanation i ever watched.Thank you🙂
Thank you! That means a lot to me!
I am a US citizen and appreciate your guidance in this topic. I have one question my mother is my step mom and my dad and step mom married after i turned 18. How can i apply for her as well for green card ?
I have been watching your CZcams Channel and I find your videos very interesting coz you explain thoroughly. I was once upon a time an applicant for Green Card and now a Green Card holder. How I wish you were my lawyer, i was that time confused bec I thought I can just get a lawyer near me. Anyway, I always advised my friends to watch your videos. And you know, Ive noticed also, that you reply to the questions sent to you. May God bless you more ❤️
I did apply for my mom to come to the US. Form I 130. I am a US citizen. I got I-797C notice of action. The wording in the nitice made sounds I am not a US citizen. Am I missing something? Is the I-797C standard ducoments sent to all immigrants?. I put my old A numberr in the initial I 130 . Did I mess this up. Please help by giving an answer.
What if my parents have been living here and they want to stay here?
I want to petition for my dad to move here from the uk. He’s been having health issues and I’m his only child. My parents are divorced, what is the process for filing for one divorced parent?
What form should i file my parents are her in the us October 22 do i also have to wait 90 days before i can file petition for them my parents wants to stay with me because they are senior citizens already they want to live with me they like America what form should I submit
My father used to live in the US with a greencard that did not had an expiration date, he lost it back over 20 years ago and left the country with a i-557 stamp in 1996, now he want to come back. What would be the best route
Good day atty. I have a minor us citizen child and is living with me here in the philippines..what visa can i apply id i want to bring him in the states..thank u sir..and God bless
Can I use the I -130 form to make my parent a us citizen if the entered ILLEGALLY ?? Or do you recommend any other process . They are currently in the US and have lived for 30+ years
•They have proof of income/ and bills for 20+ years
•No crimes committed
•I am 21
Hello! You have brilliantly explained the reasonings that I didn't even know. If I may ask, if applying for a green card (with the traveling half a year thear and half a year there in mind)not the best option d/t potential travel barriers in the future, what do you recommend applying for instead for parents? Or is it just a travel visa only then? Thanks again for your time!
Yes, exactly. If your parents don't want to live "permanently" in the US, then travelling as a tourist is probably best.
Hello I’m a 100% disabled veteran over 21 years old, can I petition for my biological mother if she is in the US illegally and entered illegally.
I am Jannatul Naim Soma .i am us citizen. I already applied for my mother .USCIS received my application.They send a receipt notice on March 25, 2022 but the processing is very slow. Is there anything I should do for faster processing because my father died on 2018. I am only daughter of my parent. My mother have nobody accept me.pls response
No, there is no practical way to accelerate the process based on these facts.
In your opinion/experience, what’s the best route to petition for a parent here in the USA with an expired visa/tourist
Can we still fill out the I 130 that will be processed at the consulate while they are here as tourist !
My dad is here as tourist and I can’t do adjustment of status because he doesn’t not want be stuck here but also we don’t want to wait two months until he leaves to start the process .
Yes, you can file the I-130 now.
what if just wanna make my parents citizens but they still wanna live in their country for another couple of years?
Hello,my daughter applied for G.cards for both of us as parents on 19th September 2022.we r in USA still.we r living in VIRGINIA STATE. last month my husbands I130 messages showing continuously four weeks, finally one week.this happened in last week November 2023.16 months completed. When we can expect our cases finished and get GREEN CARDS. Thank you very much in advance for yours reply. Tq
If I get a ltc will that lower the chances of my parents getting a green card?
Hello petitioned my mom for green card. She got approved and arrived US with "green card" visa. Within a week, her ssn arrived. But its been over a month now, we r still waiting on her green card. How long does it usually take? I paid all the fees when i applied.
Quick question we tried the normal way im born here in the us my parents weren’t the only option is me going to the military but my question is can I still fix her if he leaves rn to Mexico am I join the military after can I still fix her while she is over there??
Can a resident apply for a parent?
My parents came to the US illegally year ago, before I was born. I am currently 23 & I would love to help them get residency here in the US. I’ve heard many people don’t get approved how likely is it for them to get approved?
It depends on whether they entered the US with a visa (with inspection). If they entered legally, then you can probably apply for them immediately with a high chance of success. If they enterend illegally then they might qualify if they can get advance parole, or show that they qualify for INA 245(i) relief.
How do we know if they entered illegally? I’ve asked my dad. And for as I know. He’s only been to Mexico 4 times since I’ve been born. I’m 30years and he ended going back. But 6 years later. He’s my only parent left because my mom passed away from cancer with I was 21. And I don’t want to lose another chance to say goodbye. He’s in his 60s now and only moved back because my grandmother was dying. No she’s passed, he’s stuck over there. :/
I believe he has his Mexico citizenship.
Hi sir, I have a quick question:
I started a process (DS-160) to invite my dad on my graduation, and I want to start filling the I-130 form when he come to the U.S.
Is it possible to begin the I-130 while he come to the U.S. on tourist visa?
If u r us citizen u can fo that...
My husband and I are staying here on B1B2 visa and we are legally allowed to stay till March 2023. Our son who is a US citizen wants to file an immigrant petition for us. Does he needs to File I-130 and i-485 altogether at the same time? We never had issue on over staying here by the way. What is the chance that this gets approved? Thanks for your reply.
You should speak with a lawyer because this can be a complicated decision with certain consequences. You CAN file the I-130/I-485 together if your child is a US citizen over age 21.
Thank you for the information. If im requesting my mom and step dad from outside of the US, they dont have a tourist visa but rather ESTA with their european passport, would they need a visa through consulate to continue the process? and as well, if they have ESTA can they come in to visit while the process is happening? What forms are needed other than the I-130 ? thank you again
Hello i am a green card holder, can I petition my parents outside the country to come to USA? Or do I have to be a US citizen first?
Do I have to live in the US to petition for my
Father ? Iam US Citizen, but I go to college in another country, so my dad wants me to drop out of college he said i need to be in usa.
if i keep my residency in the usa , and continue studying abroad , will i be able to apply?
not living in the usa would bring any problem to the process? , it can be denied?.
thank you if you can answer!.
Yes, you need to be residing in the US. You might be able to go to college abroad if you maintain a permanent address in the US, but if you fully live abroad then you can't fill out the affidavit of support until you can show that you are living in the US.
@@DarianLaw if a US citizen sponsors for him , and I keep my home address in the US, would it be possible to apply? And How long do I need to be in the US?
sorry for so many questions, it's been very difficult to find on this specific subject 🙂
Hello! My parents have been in the United States for over 15years now without leaving the country, no criminal history or anything whatsoever. I just recently turned 21 and was wondering if there’s anyway i could apply for some type of citizenship or visa for them just to secure their stay here. they don’t plan on leaving the country they just want to be able to stay in the US without any problems. One thing is that they came into the United States illegally. Does that change this drastically? I appreciate your help!
Yes, unfortunately I see this situation on a daily basis, and the determining factor is whether they initially legally entered the US. They can't fix their status through a family petition unless they can somehow cure their illegal entry.
If my parents live in another country, what form should file to get their green cards?
I’m 17 and i want to learn and prepare for when I am 21 i have a question i heard that if you join the army you can help get your parents papers is that true ??? I am a us citizen ? If so what do I need to join the army
My mom lives overseas she's 62 now she tried to get tourists visa but got denied 😢😢
Hi, can i petition my mom even if i am not working at all, im a housewife and taking csre of our 4 years old son, and my husband only who is working. Can i still file I-130? Waiting for your reply! Thank you sir!
Yes, absolutely. You can use a joint financial sponsor (such as your husband).
Hello! I have a quick question, if my parents are getting ready to fill out the applications I-130 and |-485, would they need to fill out one each?
It really depends on the situation. Check out this video where I try to answer your question: czcams.com/video/1nyTGmNPi_M/video.html
I am a US Citizen studying outside US, my parents are in US on a work visa. Will I be able to apply for their GC by adjusting their status ?
Yes, but you need to maintain a US residence for the affidavit of support
Hello. Very helpful video. If the aim is to sponsor the immigration of an elderly parent (95yr old) and the parent definitely will not need to return to the home country, would the 'fastest' approach be to apply for a B-2 visa and then file the I-130 and related documents after the parent arrives? I understand that this approach is a bit more complicated and expensive, but is it the fastest in terms of various processing times?
No. The only time to adjust status on a B2 visa is if they already have a B2 visa and are already in the US when you make the decision to petition for them. If they intend to move to the US permanently then just file an I-130 and do the process at the consulate.
Great video, so I have a question I heard my wife(us citizen) can file for my mom who live in another country I just recently got my green card and know I have to wait for 2 years until I become a citizen but I heard my wife can do it is it really possible?
This is so helpful and very easy to understand. Thank you for your channel. I have a quick question. I have applied for I-130 for my 73 years old mother. But until now, I haven't heard anything at least for my background check. Will it not complicate the status if I apply for a tourist visa for her? Then, once she comes here, I'll apply for a readjustment? Thank you in advance for the assistance!
My mom is US citizens and she want to support me to USA and now i am 36years old how many years that she can take me there I am from Cambodia?
Hi my son born in new york but we leave in us last 10 year ago we live in indua now he is 13 they told me go back country mom they cannot constraint the study can i apply green card any option
No, you have to wait until your son is 21. Only a 21+ year old citizen son or daughter can petition for a parent.
@@DarianLaw i have overstay our 10 year bar is complete can i agian aply us visa
@@virajonwheelbordchouhan5126 yes
@@DarianLaw actually i apply they told why r u live overstay who sport u financially or food provide
Can you apply my visa i pay u all amount after visa
Hi there I do love your videos and explanations.
As of now I am still waiting for the approval for my I 130 for my mother. And last status checked for my petition they have already reviewed her papers.My question is can my mother have a tourist visa while waiting for her I 130 petition approval? Thanks
She can have a tourist visa, but it might be difficult for her to get one (depending on which country she's from). She would also need to convince the consular officer that her intent is just to visit, even though she eventually would like to migrate to the US.
Hi i have a question.. I am UK Citizen with my 4 kids my Husband's brother is US citizen.. If he apply petition for my Husband.. How long it will take is UK passports will make duration a bit shorter or how long this process takes?? Waiting for your answer
14 years. Sibling petitions are not faster for UK citizens, unfortunately.
Hello , one of the questions on the I-130 form is " Provide the address in the United States where the beneficiary
intends to live. We will be filing the form outside the U.S., so we won't have a U.S address when we first file, but we will hopefully address during the interview stage. My question is- what can we put on the form? As I don't want to leave it blank.
Thanks
Good question. You can put the city and state, and for the address put "final address unknown until interview" or something like that.
My mom left the United States 10 years ago whenever my dad passed away, she moved to Europe. She only had a 1-94 and social security number. She never had a us passport or green card. We came into the United States as refugees in 2001. She basically abandoned the United States at the time. My question is, will she be allowed back into the US and what would be the options and steps to bringing her back.
Thanks,
She can be allowed back if she has been outside of the US for 10+ years and does not have any other forms of inadmissibility (such as fraud or criminal issues). She probably needs somebody to file a family petition for her first. For example, if she has a US citizen son or daughter over the age of 21 then that son or daughter can file a family petition for your mom.
Hi how long wud that whole process takes these days as i hve heard that time period for parents adjustment of status has been faster than before.
2. How long it wud take after biometric to get ead or advance parole?
I don't know the exact timeline because everybody is experiencing different processing times at the moment, but GENERALLY 8-20 months. EAD should come pretty fast (1-3 months), and AP will probably take around 14 months.
Mi hija ciudadana me esta solicitando green card. Estoy en mexico. Pero viví ilegalmente en Usa Mi reposo fue deportado por drugs me afecta en mi caso?
Si vivió ilegalmente en los EE. UU. en los últimos 10 años, entonces sí, afecta su caso. Debe esperar 10 años o solicitar un perdon. Su caso puede ser denegado si es cónyuge de un narcotraficante y ha recibido beneficios económicos de su cónyuge en los últimos 5 años.
Good day sir..can i ask ? ..in applying immigrant is it adviceable to have attorney to arrange the papers
Hello! Thanks for your video. So let´s say they are in a foreign country and we submit the petition. While the petition is being evaluated, are they allowed to come in and out of the country (US)? It wouldn´t be with a visa but with an Italian passport that allows them to be in the US for 3 straight months.
They can probably continue to travel on their Italian passport with ESTA but when they arrive at the airport CBP might ask them about the petition and question their intent to verify that they are truly visiting for tourism, and that the purpose of their visit is not to permanently live in the US.
Hi.. my dad is married with kids can he add his wife and kids on the filing?
No, you can't add spouse or children to that category of I-130 filing. Great question though. This is explained on the I-130 instructions (page 1, Note 4: www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf)
hello sir i have. a question . i already submit form i130 yesterday and now i am applying for i485 do i need to submit any documents with i-485 ?
Yes, many documents.
Hello sir iam citizen of USA.Apllied green card for my parents on May 2021 and received confirmation receipt on June 2021 SAYING NEBRASKA IS MY PROCESSING CENTER. Gave biometric on August 20th 2021. from then waiting to hear from USCIS NEBRASKA SERVICE CENTER. WHEN CAN I EXPECT MY PARENTS GREEN CARD APPROVAL
Are your parents currently in the US?
@@DarianLaw yes sir they are still in US waiting for green card as well as I130
@@sarathicooks4801 Processing times depend on the city in which your green card application is being processed. Go to egov.uscis.gov/processing-times/ and search for I-485 in the city that is processing your application.
Hello there ! I’m 23 years old my mom has been out of the country for years now, I’m trying to apply for a visa for her to come back but just visiting, just coming for months leaving and coming back. What forms should I be filling out ?
DS-160. Your mom needs to fill out an application for a tourist visa using this website: ceac.state.gov/genniv/
What's the requirements for them?
Should they be fluent in speaking english? Or any other requirements?
Sorry for late asking..my question is our son born US citizen, when he trun 22 he sponcer us for immigration, our PD is 2 Aug 2021 and our DQ is 29 sep 2022, we are in june 2023 its been 9 monts now,still no sign for interview. we live in pakistan i heard our islamabad embassy is overload. So my question is i have valid visit visa, can i visit US no problem ? Second if i come there can you do something to make our legal staus till we we get green card ? Thanks and waiting for your response.
Regards
You can use your tourist visa if you can convince the customs officer at the airport that your intention is to leave the US after you visit. It is a good idea to bring evidence of your ongoing obligations in Pakistan to show that you plan to leave the US. After you enter the US there might be other options available. I can discuss this with you during a consultation so that you can understand your options.
@@DarianLawappreciate your reply sir, I think I should wait here in Pakistan, otherwise I will get stuck in US until I get green card..in any emergency situation I can’t leave US…thanks brother
I recently became us citizen. I want to apply for my mom, what documents will needed for apply??
Hi! My parents got their tourist visa denied. ☹️
I want to petition them since I am a US citizen. My question is, how does this denied tourist visa affect the petition with the I-130? Thank you so much in advance.
Denied tourist visas are common. The most common reason (even though the consulate will often not provide any reason) is because you failed to demonstrate your intention to return to your home country after visiting the US. A denied tourist visa generally shouldn't affect the I-130 process so long as there was no fraud determination.
Can i petition for my dad who entered illegally to the us i am a us citizen over 21 and i dependent of him because of my disability?
Maybe. Your father would still need to somehow fix his illegal entry to be eligible for adjustment of status. In this type of stiatuation your disability will not help him fix his status, unfortunately. Check out this video about fixing an illegal entry: czcams.com/video/TF96jpgZp1U/video.html
Hi, i have a question. I am petitioning for my mother. I lost my father last year so it’s only my mother. When is asked for my mother marriages should i add the one with my father as it is in the past or not? My mother has been married only once, and that is with my father. Also about name change should i add her last name also before marriage? Does that count as a name change?
I'm sorry to hear about the loss of your father. Yes, you should list your father as prior marriages ONLY IF your parents were legally married (with a marriage certificate). The marriage ended through dead of a spouse, and the "termination" date of the marriage is the date of your father's death. Name changes can be complicated and depend on the country/state. If the marriage certificate legally changed her name, then use her legal name. Some jurisdictions allow the surviving spouse to continue to use their married name after a spouse dies. Sometimes I will just use the "birth name" and will list married names as "other names" so that there is less confusion.
Do I need to submit 2 separate i-130 applications/application fees for my father and mother?
Yes, a separate petition must be filed for each immigrant beneficiary.
Hello, is there a way that people can look up at previous denied applications? Like What’s the best way to find out the exact year another person tried to sponsor an immigrant🤔
Yeah, the best way is with a records/FOIA request, using USCIS Form G-639 or this link: www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act
If i petition my parents to come here in the US while they are in their home country, will they still be able to come visit using their tourist visas while the petition is ongoing?
yes, but they can be denied re-entry if they are not able to show that their tourist intent
I am a US citizen, im planning to petition my father and his wife(my stepmom). They’ve been together when i was 11yrs.old, i am 27yrs.old now. They just got married last year because they wait for the annulment of my dad and mom. Is that possible to petition my stepmom?
No, you can't petition for your stepmom unless the marriage to your dad was before your 18th birthday. For immigration purposes she is not considered your parent for a family petition. However, after your father becomes a permanent resident there are circumstances under which he can petition for his wife (your stepmom).
I'm a US citizen, above age 21, and would like to apply for my parents' petition. Do I need to file form i-130 for my father and mother separately?
Yes
Thank you for everything you have done for us, explaining clearly some information.
I have a question, please.
I applied online for my mother in August 2022 from i-130 by itself.
And I heard that I need to submit the i-485 form also . Can I do it right now after 8 months?
Thank you
Maybe. The answer most likely depends on whether (1) you are a US citizen over the age of 21, and (2) your mom entered the US legally (with a visa or was paroled).
Is us resident can apply for green card to his parents
no, a permanent resident cannot petition for parents.
Great! Thanks❤
Thank you for your video, very informative. My mother just arrived from Africa 2 weeks ago, is it safe to apply now for an adjustment of status or wait couples months?
I assume your mother entered as a tourist. Somebody who enters on a tourist visa must have tourist intent - not the intent of somebody who wants to permanently reside in the US. USCIS will sometimes apply an unofficial policy of determining intent by looking to see how quickly somebody applies for adjustment of status after entering the US as a tourist. Applying within the first 90 days can sometimes be viewed as a red flag. I suggest scheduling a consultation with me or another immigration lawyer to create a plan for your mother.
Hi, I am filing I-130 for my parents. I have a question, where can I get the Travel Document number? It’s telling me to provide a response and I cannot leave it blank. I did a research it says that the Travel Document number is a Visa number. My parents do not have a Visa number yet, they never been here in the USA.
For most people, the travel document is the passport. Most passports have a passport number in the top-right of the biographic (picture) page.
Hello, please I have a question. I am a citizen, I filed for my parent that live abroad an immigrant petition to become green card holder. I filed for them feb 2022, the processing is very slow so I want to file for them the B1/B2 visa for them to come visit. What’s your advice on that. My mom visited last during the COVID in 2020 and now her visiting visa has expired.
It is possible to get a B2 visa under these circumstances, but she needs to prove that her intent is to VISIT and not to permanently live in the US.
I have the same question what about if she stays on the B1/B2 visa and continues her process in the USA will be good idea?
@@bintsaidi9600 This is a very complicated question and depends on a lot of variables. Sometimes it's a good idea - other times it is risky. I recommend scheduling a consultation with a lawyer to go through everything.
Petition of the brother and sister category for a citizen of Brazil also takes 14 years?
yes
Hey my mom has been a resident here in the us with her green card 30+ years I want to make her a permanent citizen any advice first time looking into this thanks for the video
So, question! Do we file I130 and I485 together?
I usually file them together if the parent qualifies.
My daughter is 21 and still in university who will graduate next may, working part time.
She just lost her Dad so she would like me and her sibling to be together there in US. She has sibling 24, 16 and 12 yo.
She wants me to attend her graduation on May.
What is the best way to apply now or after she graduated?
But i dont want to leave my under age children for more then a month.
Please give me advice for the easiest and cheapest way. Thank you so much.
I'm sorry - I don't understand. Is your daughter in the US? Where are you? What is your immigration status? What is your daughter's immigration status? Do you have tourist visas?
Thank you for answering everyone questions! Wow you are very active in your channel! ❤ i do have a question is it faster if I applied for my mother first and when she gets her citizenship she can apply for my siblings, is that faster than petitions for my siblings and I hold the citizenship . I just don’t like the idea if petition for my siblings it will take 13 years!
Yes, it is faster to petition for your mother so that she can petition for your siblings. But I think you should ALSO petition for those siblings, because if your mother dies then the petition dies with her.
@@DarianLaw thank you very much for responding 🥰… if my mother got the creen card can she apply for my brother to come to the states or she needs to become a US citizenship first and apply for him? He is 35 years old not married…
I am us citizen over 21 can I file for my mom who lives in the us? Can I also file for my siblings they also live here as well. They are over the age of 21.
Yes, I handle cases like this all the time. The biggest barrier that I see is when the parent entered the US without inspection (illegally through the border).
thanks for your reply my family came here legally but overstayed. Where are you located?
@@caribbeandiva2547 Wonderful! My office is in New York, but I handle these cases nationwide.
thanks so much.
Hi my both parents have been visiting the USA and I just got my citizenship I want to file green card in their next visit because I feel the process will be quicker if they are in the state but they may want to go back and forth .
Question
1.how soon after citizenship can you file for parents who have been visiting the USA for almost 8years and never overstayed.
2. Can I file for both parents at thier next visit on one application?& if yes is it one or double fee?
3. If parents have good income from back home will it help my filling cux it will support even thier stay .
4 do they have to stay after they get their residency? Because they may want to go back and forth .
Lastly if my income is not taxable but my husband filed jointly with only his income . Will I be able to include mine while filling .
Please and thank you
I am in us Air Force and 20 year old how I can apply my mother
Are you a US citizen? If not, the first step is naturalize. If you need assistance with naturalization or the family petition for your mother please call my office or book a consultation through my website and I'll meet with you: darianlaw.com/schedule-a-consultation
Good day sir, do you have an office in Seattle Washington?
No, but I handle cases in Washington and throughout the US. Immigration is federal law, so I can practice nationwide and the majority of my clients are not local. Consultations can be via video or telephone, and afterwards I will email (or mail) the forms for your signature. My physical office is in New York.
Hi Mr Darian
Could I (petitioner) attend my parents immigration interview?
Thank you
Hello, I am a 24 year old U.S citizen who is hoping to petition for her two immigrant parents who came here illegally. They have never been deported, haven’t been going in and out, and I meet the income requirement. They came here 25+ years ago. Is there hope?
Great question. The answer is: maybe, but unlikely unless they qualify for one of the exceptions below. The problem is that they will eventually need an unlawful presence waiver to cure their unlawful presence, but somebody can only get approved for a waiver if s/he has a spouse or parent (who is a citizen or permanent resident) who will suffer extreme hardship. So each of your parents needs a spouse or parent who has immigration status, at the very least. I am assuming that neither parent has a spouse or parent with a green card or citizenship.
There are two notable exceptions to this analysis. (1) If an employer or family member filed a petition on behalf of your parents before 2002, then your parents may qualify for INA 245(i) relief, which would allow them to become permanent residents without a waiver. (2) If your parents have TPS then they might be able to apply for advanced parole to leave and legally re-enter the US (and thereby cure their illegal entry, rendering them eligible for adjustment of status in the US).
@@DarianLaw Similar to the question above. If the child is serving in the military, isn’t there a way to help the parents that’s undocumented ?
@@zogloid Yes! It's called military parole-in-place. If the child is in the military we can usually fix the parent's illegal entry. I'm posting a video about this topic in an hour.
@@zogloid czcams.com/video/TF96jpgZp1U/video.html
@@DarianLaw Sorry I didn’t know there’s a difference between illegal entry and over staying until visa ran out. To me they are all undocumented. So back to my previous question, the parents entered the US legally but didn’t leave when there Visa expired.
Iam a US citizen and want to apply for a green card for my mom and Dad, who are living abroad but occasionally visit the US. What forms would I need to file? Thanks in advance.
The form you need to file to begin the process is Form I-130 (for each parent). However filing this may make it more difficult for them to travel on a tourist visa. I strongly suggest consulting with me (or another immigration attorney) before filing the forms to explore other possible options.
Did my own papers. Lawyer way to expensive. I’m good.
Come on help me out how did u did it?
I am a U.S. citizen and my mom is here with me at the moment and I would like to apply green card for her what should I do what form do I need to fill out?
Good job! It's doable if you have enough time to figure it out. My aunt did her own immigration paperwork, but it was much easier back then.
Am a us citizen I want to petition for my parents they have a work permit for almost 10 years is there any possibility for a green card or a permit for my dad to go visit his 97 year old mom?
Maybe. The answer to this most likely depends on how your parents entered the US. You should schedule a consultation so that we can do a complete analysis.
Thanks for the crystal clear VDO. We are Indian citizens and at present we are in the USA from 18th November 2021 on B1-B2 VISITORS VISA. Our Son has filed for our Green Card in the last week of February 2022. He is a US citizen. We have just received working authorization as well as Social security numbers. Also received I 693 medical deficiency letter on the 21st of this month. We are advised to submit our Medical only after we receive an interview call or interview waiver message.
Please advise us
when we can expect our Green Card in our hands.
Also we have applied for advance parole. We are India citizens and it's absolutely necessary for us to return to India for some reasons. Is it safe to travel to India on Advance Parole?
Advanced parole always carries some risk, but yes, it's generally safe to re-enter the US using advanced parole right now. The total green card processing time varies by city but is less than 1 year in most of the US at the moment. Do not submit the medical exam until you receive a specific request for evidence OR an interview notice.
@@DarianLaw
Thanks for quick and perfect guidance. We are residing in MCKINNEY, TEXAS
How do bring you biological mother , but you grew up being told you mother is your grandmother , and when you grow up you go back to you country and find out you real mother ? How does that work ?
You can prove who your real mother is by using your birth certificate. It should list your biological mother (hopefully).
Hello, I am a US Citizen and I submitted a b2 visa application for my mom in 2021 to visit the US. Although we did not move on with paying fees to process that application I then again submitted a petition for her in February this year. Is her tourist visa application going to affect her chances of being approved for a green card ? And how long does it take for an electronic application to be processed since I haven’t heard anything after submission. Thank you
The tourist visa application probably won't affect the family petition, but you should consult with a lawyer before she attends the final consulate interview. Processing times vary because you need to combine the USCIS processing time, and the consulate's processing times. I usually estimate 1.5-2 years to be on the safe side, although it can be much faster in some circumstances.
@@DarianLaw I'm a US citizen, how can I bring my brother here. can you help me with the process??
@@cyrilkelly1103 Yes, I can prepare and submit the family petition on your behalf.
Hello
My son is 17years and he is a citizen can you have me process my B1/B2 Visa for me and husband and my youngest daughter my son want to visit US and can I get your email address or phone number thanks
What if your parent has been here for like 30 years illegally at home point . Had work papers
It doesn't matter how long they've lived here illegally. The important thing is how they entered the US. If they entered with a visa or parole or are eligible for 245i then they can probably fix their status. If they entered illegally and don't qualify for one of the exceptions then their options may be limited.
hi, good day, How much do you charge?
I’m a adopted child And I’m a citizen can I bring the my adopted mom to USA ?
You can petition for your adoptive parent IF (1) the adoption took place before your 16th birthday, and (2) if you were in the legal custody and lived with your adoptive parent for at least 2 years before filing the petition.
@@DarianLaw thank you so much
I am us citizen was born at lij long island ny my parents live in algeria can i apply for them
You can apply for your parents if you are over the age of 21.
us citizen, wang to bring my mom from mexico to USA. she dosent have a tourist visa. all i need is form i-130?
Yes, to start the process that's the only form you need to file.
Hello sir. My son is a US citizen and i visited him twice with b2 visa twice and returned back. My husband is going for his tourist visa next month. We dont want to stay in US permanently and get green card since we have old age parents at home. Will the officers approve my husbands tourist visa
This is a difficult question to answer because tourist visas can be denied for almost any reason. The most common reason for visa denials is because you cannot prove that you only intend to visit the US. Your husband has a higher chance of approval since his wife (you) already has a tourist visa and never overstayed. Your husband needs to bring a lot of evidence of his intent to leave the US after a visit when he attends his consular interview.
@@DarianLaw Thank you so much sir
Sir my husband visa got approved today. Thank you for your guidance 🙏
Hi and thanks so much for the informative video. My mother is in the us after overstaying tourist visa that is now expired for several years. Should I file the I-130 application , green card application , and work permit application all together?
Thank you
My answer is probably "yes" but it depends on a lot of factors. You should really consult with an immigration lawyer before you file anything, even if you plan to do it yourself.
Thank you!
Thanks
Good morning
My dad and I are Green Card holders. I want to bring his wife (my step mother) to the US. Can we do that? Which application we apply?
Your dad can petition for his spouse. The process begins with Form I-130.
@@DarianLaw
Thank you for your reply.
Does he apply this form to the embassy or to the USCIS office inside the US?
Thanks
Good afternoon mr darian, i have a question, can i petition both of my parents who live with me even they out of status for long time? Is there any problem if i use form i-130. By the way i’m us citizen, thank you
Yes, you can. But remember - you still might need to prove that they entered the US legally. If they entered with a visa then you might be able to file the green card and work permit application at the same time as the I-130 petitions. Otherwise they might have problems. I recommend scheduling a consultation with an immigration lawyer to create a plan before you waste a lot of time and money.
Right now me and my wife both are here in the US with my son who is a US citizen. My query is that what documents are needed to file our green card petition. I am 75 years old and my wife is 69 years old. My son is 47 years old. Should we go for a DNA TEST to prove that he is our son?
A DNA test is rarely required to prove paternity. Are you listed on your son's birth certificate? I made several videos about the document requirements, however for personalized questions like this I recommend scheduling a consultation so that we can create a detailed list of required documents.
If a mom enters the US illegally, and lived in the US…what forms would the US Citizen daughter have to file with the I-130 petition form?🤔
None, unless we can show that your mom is eligible for permanent residence. We need to show that she was inspected/admitted to the US (or was paroled) or that she qualifies for an exception (under section 245(i)). Please note that the I-130 will not confer any immigration benefit. It will only show that she has a qualifying family relationship as a prerequisite to applying for permanent residence.
@@DarianLaw thank you!!! If she qualifies for an exception (245) would I have to put that in the I-130 form?
Also, in the I-130 form what if the mom doesn’t have a I-94 to upload to the I-130 form🤔
@@SusyMaldonado You can leave the I-94 section blank on the I-130. If she qualifies for section 245 then you would indicate that on the green card application (Form I-485). You need to confirm that she's eligible before you file Form I-485 (the permanent residence application).
@@DarianLaw Immigrants who did not enter the United States lawfully generally cannot apply for an adjustment of status, but what if they are an immediate family and a visa is available…can they still apply to I-485 and get approved/succeed?
@@SusyMaldonado No, you generally need the immediate family petition AND proof of legal entry. Sometimes you can cure the illegal entry with advanced parole (advanced permission to leave and legally re-enter the US).
I was looking for this information, thank you. I would like to apply online for my mom's green card. I am over 21 and us citizen. She entered legally with a visa, no criminal record. I know I have to file I-130 and I-485 plus her medial exam. Is there anything else I have to do? I would really appreciate your advice.
You probably need to file the I-130, I-485, I-765, I-131, and I-864. I have a few videos on doing this process. If you fill out the paperwork and need assistance with some of the questions then please feel free to schedule a consultation so that we can review everything. I recommend uploading the completed files to your client portal (with my office) before the consultation so that I can access everything. I am also available to prepare everything on your behalf.
Does a child petitioning for their father need to do a DNA test of the fathers name is already on birth certificate
Usually not. In rare instances a DNA test will be required. I have only seen the DNA requested one time for a case where a father was not on the birth certificate.
@DarianLaw, when filling out the form
It asked for what address my parents intend to live in
I currently live in the dorms of the military
What do I do