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Can My mother file for my greencard while i am on my H1 ?

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  • Can My mother file for my greencard while i am on my H1 ?

    I would like to know if my mother (who is a greencard holder) can file for my greencard ?

    I am on an H1 status and Ihav recvd it this year. I am supposed to enter the United States by this year October. So is it ok for my mother to file for my green card now or should she wait till I enter states ? Also, is it vital for her to be in USA whilst she is applying for me ?

    Additionally, I am an unmarried child of my mother. So will this application be revoked if I get married beforre I get the greencard ??

    Pls advise
    Regds

  • #2
    Originally posted by vishruti
    I would like to know if my mother (who is a greencard holder) can file for my greencard ?

    I am on an H1 status and Ihav recvd it this year. I am supposed to enter the United States by this year October. So is it ok for my mother to file for my green card now or should she wait till I enter states ? Also, is it vital for her to be in USA whilst she is applying for me ?

    Additionally, I am an unmarried child of my mother. So will this application be revoked if I get married beforre I get the greencard ??

    Pls advise
    Regds


    I think you are over 21 as you said you have H1 visa, and it will take a long time for you to get a green card about 5-7 years or so. so if you can remain unmarried for that much time then go ahead and let your mom file for you.
    otherwise don't waist your money for filing because they will cancel the petition on the day you get married.

    Yes, she can file now, but you will have to remain unmarried until you get a green card.

    or let her file for you and get married AFTER she becomes citizen. then it will take about 8 years or so, but your petition will be changed to different category but they will not cancel.

    she can file at any time, whether you are in the US or not. It'a good idea that she be present in USA on the date she send the application.
    Last edited by consultant; 09-01-2008, 03:38 AM.

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    • #3
      You are better off going for Employment based petition than family based.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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