Can one apply for a US green card from outside US?

Question

I actually have 3 questions: 1) I am a US citizen, want to apply for green cards for my parents who live in china right now. Can I apply for US green cards for my parents while they live in China? 2) If my parents got a nonimmigrant visa to visit US, how long do I have to wait before I can apply for green cards for them? 3) While I am applying for green cards for my parents, can they still get nonimmigrant visas to visit US? Thanks!

Answer 1

Wow, talk about a bunch of different answers on this one..

1) Yes, actually you have to apply while they are in China. You file the I-130 located here..

http://www.uscis.gov/files/form/I-130ins...

http://www.uscis.gov/files/form/I-130.pd...

2) They would have to be back in China. They will need lots of proof that they have ties to China to get a visa, so that may be difficult. They don't want your parents to come here and stay illegally..

3) You won't want them to apply for a nonimmigrant visa while waiting on the I-130 process..  

Because you are a US citizen, your parents count as immediate relatives. Because of that, it is quite possible that you could have them living here legally in a year if you get the paperwork back right away and don't have any mistakes in it.

With your parents,  you will have to file separate I-130's for each of them. Though, you can send them in the same envelope.

After that, you'll get paperwork sent to you automatically for you to submit. First will probably be the I-864 fee bill followed by the I-864 form.. Once all that's approved, you'll probably get the I-485..

Just make sure you meet the poverty guidelines including them in your household size..

http://www.uscis.gov/files/form/I-864p.p...

http://www.uscis.gov/files/form/I-864.pd...

Once you send in the I-130 though, the rest gets sent to you in order for you to file.. I would just suggest visiting them rather then risk them getting turned away at the border.

Better yet, just get on the paperwork right away and have them moving here sooner..

Answer 2

1) Yes. File I-130 and I-485 but opt to US Embassy or Consulate in China process

http://travel.state.gov/visa/immigrants/...

2) Parents of US Citizen always has immigrant visa immediately available to apply for I-485. Although the whole processing takes some time.

http://travel.state.gov/visa/immigrants/...

http://www.uscis.gov/portal/site/uscis/m...

3) It depends on the Consulate Officer, based on the proofs that your parents can present that they will definitely return to China after the US visit

Also thought this site is helpful. Just replace the word "Spouse" with "Mother or Father"

http://www.visajourney.com/forums/index....

Answer 3

No one can get a green card while outside of the US.  They have to be admitted as an immigrant (NOT any temporary or non-immigration class of visa) before they can apply for a green card.  You cannot apply for green cards for other people.

Your parents have to apply for immigration.  You have to prove you have sufficient income and assets to support them both and guarantee a $30,000 bond for each.  If your parents are older, support is going to be a major concern because they cannot be admitted if they could become a public charge.  If they are very wealthy and/or have substantial investment income or pension to provide for them, it will help.

If their application is approved, they will get a priority number and have to remain in their own country until that number comes up and they can gain admission to the US.  China has a very long waiting list, and it could take 10 years after approval before they would be admitted.

While waiting for admission, or if their immigration application is denied for any reason, they won't get a tourist visa -- there's presumption that they would overstay.  Their child is here, and what property, assets and jobs do they have that necessitate returning to China after a brief vacation or visit?

Answer 4

1)  I think that they would have to be overseas for you to be able to file for them.  You have to submit an I-130 for each of them plus supporting documents.  They will only get a visa when their numbers come up - there is a limit to the number of visas issued per year and there could be a long wait.

2) It might be difficult for them to get non-immigrant visas as they would obviously have little to keep them in China and USCIS would probably think that they will stay in the US.  As I said above, applying for the visa is easy, the wait could be a long one.

3) Don't know.  I would have thought not.

Overall, time to go see a lawyer as there are plenty of reasons to think that USCIS will not look favorably on them if you adopt the wrong strategy.