I am a U.S. citizen. I want to apply for a Green Card for my parents. How long do they have to remain here to maintain their GC status?
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Permanent residents are required to maintain a permanent residence in the U.S. Any absence abroad that extends beyond six months raises the presumption that the Green Card holder has abandoned his or her permanent residence in the U.S. The Green Card holder then has the burden of overcoming this presumption when they attempt to re enter the United States after a long absence. I foresee problems when your parents attempt to return at the end of each absence, unless they obtain permission [in the form of a re entry permit] prior to departure.
I filed a Green Card petition for my mother. The Service wants additional information. How do I find out what is happening with my application and how long will it take?
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The Service does send out requests for additional evidence in immediate relative cases. Please acknowledge receipt and respond to these requests within the time allotted. This is normal. If you want additional information on your case schedule an appointment using InfoPass and visit the district office for additional information.
What is "Follow to Join"? Who can qualify for it?
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"Follow to Join" is a term of art. Your spouse and children are eligible for "derivative status" - visas given to spouse and children who accompany the principal beneficiary, or enter the U.S. If the entry is within 4 months of the principal beneficiary's entry or appearance at a consulate abroad, then they are supposed to be following to join the principal beneficiary in the U.S.
I have a sister living in Peru. I want to sponsor her. What are my options?
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There are three options available. 1) Marriage to a U.S. citizen, or 2) An Employment based petition to sponsor her as an immigrant and finally 3) A petition for immediate relative. For more on the process go to the visa section of this Website.
Are children under the age of 15 applying for a green card required to pass an HIV test as part of their obligatory physical examination?
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All visa applicants are required to complete a medical examination. HIV testing is now required of all applicants. Infection with the HIV virus is a ground for exclusion from the U.S., although a waiver may be available.
Delay in filing application to remove condition - Family based application
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As long as it is receipted prior to the date of expiration of green card, your wife should not have any issues. Not filing a removal of condition application could lead to an automatic revocation.
What Happens if Spouse is not Included in I-485 Adjustment? Will Filing an I-130 Grant Status to Remain in the US?
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The I-485 for the spouse can and will be adjudicated only if dates are current, which would immediately allow the principal to file a dependent application to adjust status. Also, the spouse would be able to accompany/join the principal if her name was included in the I-140, or the marriage happened prior to adjudication. Filing an I-130 would certainly be possible if this is being done after the fact. However, this does not grant the H-4 spouse status to remain in the U.S. Other options may be available. Please contact our Office for an appointment to discuss this matter in greater detail.
How do I file Applications for Adjustment of Status while NVC has Immigrant Petition?
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You should now notify the NVC that your parents are in the U.S. and will adjust status here. This can be done via email ( This email address is being protected from spambots. You need JavaScript enabled to view it. ), or by means of a letter. You should then proceed to file Applications to Adjust Status after waiting to ensure there is no conflict with their visitor status.
More Articles...
- What is the maximum stay allowed for stay outside U.S for Green Card Holders with out obtaining the Re-Entry Permit.
- My friend and his wife have some differences. However, they were married in good faith and he obtained a Conditional Green Card. Can he now obtain his Green Card if their marriage ends in divorce?
- What financial information should we submit along with the Affidavit of Support? My spouse has no education - will that matter?
- Misc Family Based Application Questions
- Question on PR status and travel