A USA green card is the ambition of every H1B worker in the USA. Most get it within 1-2 years except Indians and Chinese due to the long backlog that’s based on country of birth.<\/p>\n\n\n\n
As per CATO Institute’s estimate<\/a>, an Indian’s waiting time to get a green card through EB2 or EB3 employment-based queue will be 150+ unless the US immigration law is changed.<\/p>\n\n\n\n Our Green Card visa estimate app<\/a> also projects similar timelines for Indians waiting in an employment-based queue. <\/p>\n\n\n\n Due to the multiple-decade backlogs and the mental stress of maintaining the H1B employer sponsorship till you get the green card, many are trying to devise new strategies to keep the motivation on.<\/p>\n\n\n\n One of the strategies is to file a petition in the immediate family member category. <\/p>\n\n\n\n A US citizen can sponsor an immediate family member for a US green card. This immediate family sponsorship has special treatment in US immigration law:<\/p>\n\n\n\n You are an immediate relative if you are:<\/p>\n\n\n\n Example<\/p>\n\n\n\n A US citizen kid born to an Indian parent working on an H1B visa in the US can sponsor his\/her parents for a US green card in the family-sponsored category.<\/p>\n\n<\/div>\r\n\t\t\t \r\n\t\t<\/div>\r\n\t\n\n\n The total processing time depends on the USCIS service center. You can check the current processing time for the type of applications here<\/a>.<\/p>\n\n\n\n Estimated time:<\/p>\n\n\n\n The best case scenario<\/strong> is when your child sponsors you at the age of 21 and if USCIS processing speed is good, you might get the plastic permanent residency card in hand within 3 years. I.e. when the child turns 24, you will have it.<\/p>\n\n\n\n The worst-case scenario<\/strong> is probably going to take about 6 years in our opinion. Hence, if a kid is sponsored immediately after turning 21, then, you can expect to be greened by the time the Kid turns age 27.<\/p>\n\n\n\n It is important to note that simply sponsoring the parent when the kid turns 21 is not enough. The kid needs to prove that they have the financial ability to support his parents in the US.<\/p>\n\n\n\n This financial support has to be proved and signed by the adult son\/daughter using form I-864<\/a>.<\/p>\n\n\n\n It does not matter if the parents are currently living in the US using a visa like H1B (with approved I140). <\/p>\n\n\n\n Since this application is separate from the employer-sponsored category, it has its own set of documents to prove the Green card claim.<\/p>\n\n\n\n Almost all Indian families will be able to have financial sponsorship requirements fulfilled easily using their savings. <\/p>\n\n\n\n We suggest to have this financial set up to make it easy and start preparing for it now:<\/p>\n\n\n\n Yes, the kid can sponsor his\/her parent working on an H1B visa in the USA for a Green card, but only if he\/she is 21 or older. The sponsorship by the Adult kids is counted under family immigration (limited yearly Green cards) for non-immediate relatives. In the H1B case, it is recommended for the parent to maintain the H1B status, till the time child turns 21. H1B visa status needs an employer and continuous employment to stay and work in the USA. Yes, your adult child can refuse to sponsor you for the green card. Yes, the US-born citizen kid can sponsor parents who have returned back to India. Yes, your US citizen child can sponsor parents which is you and the India-born siblings.Rules<\/h2>\n\n\n\n
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Process<\/h2>\n\n\n\n
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Processing Time<\/h2>\n\n\n\n
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Affidavit of Support<\/h2>\n\n\n\n
Prepare Child Financial Profile<\/h2>\n\n\n\n
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FAQ<\/h2>\n\n\n\n
Even if the kid reaches the age of 21 and sponsors their parents, he\/she has to show sufficient money\/income source and pay income taxes to support parents.
The child has to apply on his own and fill out the affidavit of support (Form I-864<\/a>).<\/p> <\/div>
A parent on an H1B visa with a US-born kid is an\u00a0immediate relative including any unmarried sister or brother under the age of 21 and eligible to\u00a0get a US green card immediately (no yearly limits and no waiting Queue<\/strong>).
A green card is ALWAYS available for an immediate relative of a US citizen. This can prove to be a blessing in disguise for an Indian EB2 H1B worker, who can get the sponsorship from a US-born child citizen and ditch the extremely long\u00a0H1B visa waiting queues<\/a>.<\/p> <\/div>
When the kid turns 21, he can sponsor the parents as an immediate relative.
H1B workers will not be able to stay in the US beyond the 6-year limit, on H1B unless, they have their green card under-processing<\/a>\u00a0and have i140 approved.<\/p> <\/div>
Maintain harmonious relations with your child until you get the green card. The processing time itself might take 2-6 years.<\/p> <\/div>
The same holds for people who have got Canada PR and moved to Canada. Their US citizen kid can sponsor them when he\/she turns 21 and then they all can come to the USA with Green card.<\/p> <\/div>
The only requirement is that the brother or sister will be counted in the family immigration queue (F4)<\/a> where there are limits on the number of green cards and country of birth conditions.<\/p> <\/div> <\/div>\n<\/i>\r\n\t\t\t\t<\/span>\r\n\t\t\t<\/span>