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Sibling Green Card for Parents through Uncle

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  • Sibling Green Card for Parents through Uncle

    #greencardforparents #siblingGC

    I was in the US on L1 Visa for 3 years. Had to come back to India due to Covid. My son was born in the US and is a US Citizen. My company is now posting me in Canada. My plan is to get Canada PR/Citizenship and then move back to the US, if possible.
    I am my parents’ only son and want them to stay with me. Once I get Canada PR, I will try to get their PR done asap. However, for US it might take a long time as only citizens can apply for parental PR.
    So, I am thinking of asking my uncle (mother’s own brother, who is a US Citizen) to file for my parents’ US GC right now.

    Few queries on this:
    1. How much time does sibling GC take for Indian Citizens?
    2. What is the filing cost?
    3. My parents have B2 visitor visa. Will it become invalid if my uncle applies for sibling GC?
    4. In case my uncle passes away while the GC is in process, will the application lapse?
    5. Does my uncle need to give any personal undertaking that he will take care of all costs related to my parents if the GC is approved?
    6. If there is any argument with my uncle later, can he withdraw the Sibling GC application after it has been filed?

  • #2
    Originally posted by IndianSupernova View Post
    #greencardforparents #siblingGC

    I was in the US on L1 Visa for 3 years. Had to come back to India due to Covid. My son was born in the US and is a US Citizen. My company is now posting me in Canada. My plan is to get Canada PR/Citizenship and then move back to the US, if possible.
    I am my parents’ only son and want them to stay with me. Once I get Canada PR, I will try to get their PR done asap. However, for US it might take a long time as only citizens can apply for parental PR.
    So, I am thinking of asking my uncle (mother’s own brother, who is a US Citizen) to file for my parents’ US GC right now.

    Few queries on this:
    1. How much time does sibling GC take for Indian Citizens? At least 20 years based on current data
    2. What is the filing cost? not much
    3. My parents have B2 visitor visa. Will it become invalid if my uncle applies for sibling GC? Likely
    4. In case my uncle passes away while the GC is in process, will the application lapse? complicated (yes/No - Someone will need to provide the support
    5. Does my uncle need to give any personal undertaking that he will take care of all costs related to my parents if the GC is approved? This what I-864 does ( support)
    6. If there is any argument with my uncle later, can he withdraw the Sibling GC application after it has been filed? At anytime he wants
    05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
    05/13 Rejected due to lack of I-864
    05/27 resubmitted with explanation
    06/03 Rejected again-same reason
    06/13 Resubmitted with I-864
    07/07 Lockbox emailed back and ask to resubmit
    07/09 Filings accepted with PD 05/08/20 (nice)
    08/06 Prior biometrics applied to I485
    08/28 Took biometrics for I-765 only
    09/28 I-765's Cards Ordered
    10/02 EAD/AP received
    04/12 Interview Sched
    05/11 Interview done approval on the spot but no USCIS update online

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