Green Card through Mother

[rahul48]

Actually I am in US on H1 B and unmarried and over 21 ,and my mother is a green card holder and I planning to apply Green Card through my mother in Family based category,So can you guys please help what is the process and what all the documents required and forms to be applied .

[nancymervin]

Hi rahul48,
Your mom can only petition for child below 21 years of age.
If husband or wife, unmarried child under 21 years, or parent is already in the United States after entering legally, they can apply for adjustment of status to permanent resident with Form I-485 at the same time you file their Form I-130 on their behalf.

May be you should at the option of getting GC through your employer using Form I-140.
Good luck

[rahul48]

nancymervin

But I see a category for getting green through Parents GC under catergory of
Unmarried children over 21 years

https://www.immihelp.com/family-based-greencard-categories/

So can you help with that wheather it is valid to apply a GC through my parents Greencard


Thanks

[kavithakavitha]

Your mom can apply for you under F2B category since she is a greencard holder.. and then when she becomes a citizen you could upgrade ur case to F1

Good Luck..

[rahul48]

Thank you kavitha for your reply ,Can you please suggest me the necessary forms like needed to be sent to USCIS.

Thanks

[kavithakavitha]

Rahul,

I think this Info below should help..

Application Process

To obtain a green card for your family member, you must:

File Form I-130, Petition for Alien Relative
Provide proof of your status to demonstrate that you are a permanent resident.
Submit evidence of the qualifying relationship such as a birth certificate, marriage certificate, divorce decree, etc. See the form instructions for specific documents required.
Submit proof of any legal name change for you or your family member (the beneficiary).

The following link has details about filling

https://www.immihelp.com/form-i-130-petition-for-alien-relative/

Good Luck (Note: USCIS has all the info ur looking for)

[freecontributor]

Actually I am in US on H1 B and unmarried and over 21 ,and my mother is a green card holder and I planning to apply Green Card through my mother in Family based category,So can you guys please help what is the process and what all the documents required and forms to be applied .

Yes you can apply, but here are the issues: It will definitely take time to get benefits since your mom is a green card holder and you are over 21! Make sure you keep your current status (legal) otherwise you may get in trouble adjusting even when your mom become an US citizen! I will consult a lawyer before any application to make sure what are the options. The reason is if you applied now and did not get much, than try to apply under other circumstances, this would result in problem with your cases! Also as one of the members ( nancymervin)said, try with your employer because you have highest chances there if the employer accepted to help you! Good luck!

[kavithakavitha]

Yes you can apply, but here are the issues: It will definitely take time to get benefits since your mom is a green card holder and you are over 21! Make sure you keep your current status (legal) otherwise you may get in trouble adjusting even when your mom become an US citizen! I will consult a lawyer before any application to make sure what are the options. The reason is if you applied now and did not get much, than try to apply under other circumstances, this would result in problem with your cases! Also as one of the members ( nancymervin)said, try with your employer because you have highest chances there if the employer accepted to help you! Good luck!

Rahul,

I agree with 'FreeContributor',consulting a lawyer and maintaining ur status while applying for I130 through ur mother.

A good immigration attorney will make the process hassle free.

GoodLuck