Parents Greencard

[ketanamlani]

I am a US citizen through naturalization and I have few questions regarding filing my parents GC.

1) I have been reading about new policy regarding removing parents from family based immigration. Is the policy already effective or planned to be effective?

2) I am US citizen and my parents are currently visiting on B2 category. I am planning to apply their GC. Should I do adjustment of status or consular processing?

3) My parents were married according to Hindu tradition when my mom was 16.5 yr old. I was born when she was 17.5. Marriage registrar in India is unable to generate marriage certificate due to legal age during marriage. What should I do?

4) My parents have TIN number. When they visited in US during 2015 for couple of months, I filed them under my taxes as dependent. Will that be a problem during my i130 petition?

Thank you for helping to answer this question.

[newacct]

I am a US citizen through naturalization and I have few questions regarding filing my parents GC.

1) I have been reading about new policy regarding removing parents from family based immigration. Is the policy already effective or planned to be effective?

There have been no change in the laws, and it is very unlikely for there to be such a change in the near future.

2) I am US citizen and my parents are currently visiting on B2 category. I am planning to apply their GC. Should I do adjustment of status or consular processing?

Adjustment of Status

3) My parents were married according to Hindu tradition when my mom was 16.5 yr old. I was born when she was 17.5. Marriage registrar in India is unable to generate marriage certificate due to legal age during marriage. What should I do?

Are you saying they are considered to have never married under Indian law? If so, then you would be born out of wedlock; this only matters for petitioning your father (not for petitioning your mother). If you were considered legitimated according to Indian law, you provide proof of such legitimation. If you were never legitimated, you provide proof that your father lived with you and provided financially and emotionally for you and held you out to be his child.

4) My parents have TIN number. When they visited in US during 2015 for couple of months, I filed them under my taxes as dependent. Will that be a problem during my i130 petition?

no

[ketanamlani]

Green card for parents

Thank you for your answers. This helps a lot

Are you saying they are considered to have never married under Indian law? If so, then you would be born out of wedlock; this only matters for petitioning your father (not for petitioning your mother). If you were considered legitimated according to Indian law, you provide proof of such legitimation. If you were never legitimated, you provide proof that your father lived with you and provided financially and emotionally for you and held you out to be his child.

My parents have been filing joint taxes, they have been married under Hindu wedding where priest comes and performs marriage, 100s of relatives attend the marriage and also we have pictures. Is affidavit from people who attended the marriage good enough? My father is my biological father.