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Posted

sorry here is more detail

i'm US citizen and I just apply green card for my parent and now I have three questions about my sister..

how long does it take for parent holding green card apply for daughter under 21?

while the case is pending can the daughter apply for student visa come to USA for study?

can parent apply greencard to my sister under 21 at the same time with them?

thanks again

Filed: Country: Vietnam (no flag)
Timeline
Posted

LPR parents can apply for their unmarried children under 21 in the F2a category. The current wait for a visa is 5 years with Mexicans having to wait 8 years. If the child turns 21 before a visa becomes available in the F2a category, the child is moved to the F2b category which has 9 years wait with Filipinos having to wait 12 years and Mexicans having to wait 17 years. If the child gets married while the petitioning parent is a LPR, the application will be automatically denied as there is no category for a LPR parent to sponsor a married child.

If the petitioning parent becomes a USC before a visa becomes available, the child may (petitioner's choice) be moved to the F1 category, unmarried child of USC, which has a longer wait then F2a. If the child gets married, the case would move to the F3, married children of USC, which has a wait of 9 years for most, 17 years for Filipinos, & 18 years for Mexicans.

While waiting for an immigration visa, the child can come to the US on a student visa as long as upon entry, the child declares that he/she has no intent of entering the US to stay permanently and will return to his/her county after finishing his/her degree. The child cannot go to public school without paying tuition, i.e. cannot go to a public high school without paying tuition. If both parents are here, it is very likely that the child will not be able to enter because there are insufficient ties to the home country.

 
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