Petiton for Alien relative I-130 daughter of USC over 21 unmarried w/childre underage?

[chelen07 0]

Petition for daughter, petition approved 4/08 but (USC grandma is old)and scare wont make it for the waiting period (which we think is about 3 to 5 years). What will happend in this case is that the case is canceled. She has never met her daughter which is is in colombia. Can her son who is a US resident petition for her aswell just incase? and them change the status when he becomes a USC?Will that be faster? He will be a Permanent resident by 2010 and a USC by 2012. Because the other problem is that my daughters daughter is 16 and we dont want her to stay behind if the papers arent processes by the time she turns 21. So should we fille by my grandson just incase or what does anyone recommend? I have tried several lawyers by websites and emails but no one gives me an answer. Thank you

Help, why is the waiting time so long is incredible.

[aaron2020 11,651]

A US citizen parent petitioning for an unmarried child 21 years or older will be a F1 family immigration case. The current wait is 7 years. A US citizen parent petitioning for an married child will be a F3 family immigration case. The current wait is 9 years. This is significantly longer than your 3-5 years estimate.

The US resident brother cannot petition for his sister as there is no category allowing this type of petition. Once he becomes a US citizen, he can send in a 2nd petition for her. This would be an F4 family immigration case, US citizen petitioning for a sibling.

What ever the case, the 16 years old grandchild will unlikely be able to immigrate with her mom. By the time a visa will be available, she will be at least 23 years old, thus aging out and being ineligible to be a derivative beneficiary.

Sorry for the bad news.

[aaron2020 11,651]

I don't understand what you mean by "should we file by my grandson." Would your grandson be petitioning for someone? Is he even 21 years old? Please explain.

The wait is long because there are lots of people seeking to immigrate to the US. The US cannot absorb all these people as there are only so many jobs being created, homes being built, etc. There is a numerical limitation in each immigration category so the US can absorb these new families in the US based on social and economic factors.

[chelen07 0]

I don't understand what you mean by "should we file by my grandson." Would your grandson be petitioning for someone? Is he even 21 years old? Please explain.

The wait is long because there are lots of people seeking to immigrate to the US. The US cannot absorb all these people as there are only so many jobs being created, homes being built, etc. There is a numerical limitation in each immigration category so the US can absorb these new families in the US based on social and economic factors.

Ok Grandma petition for daughter. And daughter is ove 21 unmarried with two underage children, One 13 and the other 16. The wait for this petition i believe is around 5 years.

But daughters other son, which is in the USA and is a temperary resident is 28. He will get his permanent residency in one year and then he can apply for citizenship in two years. Will it be faster for him to petition for them once he becomes a USA citizen? and just incase something happends to grandma and those papers get canceled?

[Mononoke28 135]

I'm still confused. I got the part about grandma filing for her unmarried 21 year-old daughter and her two children. Which by the way will take about 7 years, this is just an average number and can change at any time. If grandma passes away during the process, the petition is automatically canceled but exemptions can be made according to this document http://www.aila.org/content/fileviewer.asp...p;linkid=185469. My advise is that if that ever happens, that you consult with an Immigration lawyer to see what your options are, if any.

The part I'm still confused about is the grandson/other son/brother. I'm not sure what the relationship is here because it's not very clear. If it's the son of grandma, meaning the brother of the unmarried 21 year-old daughter, then he cannot petition for his sister as an LPR, he will need to become a US citizen first and then file for her but this will take at least another 10 years after his US citizenship is approved.

Diana

Edited February 4, 2009 by Mononoke28

[chelen07 0]

I'm still confused. I got the part about grandma filing for her unmarried 21 year-old daughter and her two children. Which by the way will take about 7 years, this is just an average number and can change at any time. If grandma passes away during the process, the petition is automatically canceled but exemptions can be made according to this document http://www.aila.org/content/fileviewer.asp...p;linkid=185469. My advise is that if that ever happens, that you consult with an Immigration lawyer to see what your options are, if any.

The part I'm still confused about is the grandson/other son/brother. I'm not sure what the relationship is here because it's not very clear. If it's the son of grandma, meaning the brother of the unmarried 21 year-old daughter, then he cannot petition for his sister as an LPR, he will need to become a US citizen first and then file for her but this will take at least another 10 years after his US citizenship is approved.

Diana

No the daughter is over 21 not married and with three children Two under 21 (One of the children is allready 16 years old and the other is 13) the thrid child is 29 and in the USA as a resident.He will be a citizen by 2012.

. So what i was wondering is if he( the 29 year old resident) can petition for his mother and the children just incase the worse was to happend with the grandmas petition. If he petitions for his mom and brothers while a resident and then changes the status once he becomes a citizen, will it still be faster than his grandma petitioning for his mom and brothers?

Also can he petition them even if his grandma has allready petition for them?

Is confusing i know, sorry and thank you for everyones help i really appreciate it.

[aaron2020 11,651]

I'm still confused. I got the part about grandma filing for her unmarried 21 year-old daughter and her two children. Which by the way will take about 7 years, this is just an average number and can change at any time. If grandma passes away during the process, the petition is automatically canceled but exemptions can be made according to this document http://www.aila.org/content/fileviewer.asp...p;linkid=185469. My advise is that if that ever happens, that you consult with an Immigration lawyer to see what your options are, if any.

The part I'm still confused about is the grandson/other son/brother. I'm not sure what the relationship is here because it's not very clear. If it's the son of grandma, meaning the brother of the unmarried 21 year-old daughter, then he cannot petition for his sister as an LPR, he will need to become a US citizen first and then file for her but this will take at least another 10 years after his US citizenship is approved.

Diana

I think I got it.

Grandma petitioned for Daughter, either F1 (USC petition for unmarried child 21 years and older) or F3 (USC petition for married child). It's a 7 or 9 years wait, not the 5 years. Only children under 21 years old when the Priority Date becomes current can be derivative beneficiaries and immigrate with mom. The only saving mechanism for 21 years and older derivative beneficiaries if CSPA (if it still exists in the future) may offer some relief. It's impossible to determine CSPA eligibility at this time.

Daughter's Son (Grandma's Grandson) cannot petition for anyone until he becomes a US citizen. He can not be substituted in for Grandma. Once he becomes a USC, he can file a second application for mom as an Immediate Relative. It would take about a year for her to get a visa. However, there are no derivative beneficiaries allowed in the Immediate Relative category. He will have to file separately for his siblings in the F4 family immigration category which has a 12 years wait. However, once Daughter gets a visa as an IR, the application filed by Grandma will be terminated.

My suggestion is that once Grandson becomes a USC, he should file for his siblings only. If Grandma lives, then Daughter will be here in 7 years and possibly the younger kid (now 13) may be able to immigrate as an derivative beneficiary in the F1 category. If Grandma dies before the F1 case is completed, Grandson should file immediately for Mom (Daughter) as an IR. Once Mom is in the US, she can file another application for kids in the F2b category which has a 7 years wait.

Having multiple applications at the same time is permitted. It is a good hedge against a petitioner dying or not meeting the eligibility requirements at the time the immigration visas will be issued.

Edited February 4, 2009 by aaron2020

[chelen07 0]

I'm still confused. I got the part about grandma filing for her unmarried 21 year-old daughter and her two children. Which by the way will take about 7 years, this is just an average number and can change at any time. If grandma passes away during the process, the petition is automatically canceled but exemptions can be made according to this document http://www.aila.org/content/fileviewer.asp...p;linkid=185469. My advise is that if that ever happens, that you consult with an Immigration lawyer to see what your options are, if any.

The part I'm still confused about is the grandson/other son/brother. I'm not sure what the relationship is here because it's not very clear. If it's the son of grandma, meaning the brother of the unmarried 21 year-old daughter, then he cannot petition for his sister as an LPR, he will need to become a US citizen first and then file for her but this will take at least another 10 years after his US citizenship is approved.

Diana

I think I got it.

Grandma petitioned for Daughter, either F1 (USC petition for unmarried child 21 years and older) or F3 (USC petition for married child). It's a 7 or 9 years wait, not the 5 years. Only children under 21 years old when the Priority Date becomes current can be derivative beneficiaries and immigrate with mom. The only saving mechanism for 21 years and older derivative beneficiaries if CSPA (if it still exists in the future) may offer some relief. It's impossible to determine CSPA eligibility at this time.

Daughter's Son (Grandma's Grandson) cannot petition for anyone until he becomes a US citizen. He can not be substituted in for Grandma. Once he becomes a USC, he can file a second application for mom as an Immediate Relative. It would take about a year for her to get a visa. However, there are no derivative beneficiaries allowed in the Immediate Relative category. He will have to file separately for his siblings in the F4 family immigration category which has a 12 years wait. However, once Daughter gets a visa as an IR, the application filed by Grandma will be terminated.

My suggestion is that once Grandson becomes a USC, he should file for his siblings only. If Grandma lives, then Daughter will be here in 7 years and possibly the younger kid (now 13) may be able to immigrate as an derivative beneficiary in the F1 category. If Grandma dies before the F1 case is completed, Grandson should file immediately for Mom (Daughter) as an IR. Once Mom is in the US, she can file another application for kids in the F2b category which has a 7 years wait.

Having multiple applications at the same time is permitted. It is a good hedge against a petitioner dying or not meeting the eligibility requirements at the time the immigration visas will be issued.

Thank you Diana, you are a great help!

[Mononoke28 135]

Actually that was aaron.

And yes, he gave a great explanation.

Diana

[chelen07 0]

Actually that was aaron.

And yes, he gave a great explanation.

Diana

I'm sorry Diana, but you too give alot of info to everyone in this web, Thank you for that.

Aaron, thank you for explaning that to me, i really appreciate it.

H.A