I-130 for 2y/o daughter

[khanfahad 0]

Hello everyone,

I've searched for an answer but didn't find one here so I'm starting a new topic. Please be advised that this thread relates to my brother's case and not mine (from my profile). My brother was married to someone in Pakistan. He applied for her as a green card holder. During her process, she had a daughter. Someone told my brother that he should wait until he is a US citizen before applying for the daughter. Last year in March (2009), he became a citizen and sent in an I-130 for his daughter.

By July 2009, his wife's case had moved up and she interviewed in December 2009 at the Islamabad embassy. Her 2 year old daughter was denied a visa because they had no paperwork for her even though my brother had presented proof of a pending I-130. Now the mother had to immigrate to the US because she was pregnant. The 2 year old is very sick and misses her mother a lot. When I call the USCIS, they told me that the background check for my brother is being delayed and that's why the case hasn't been approved. The Dept of State people basically said they can't do anything until the case is approved from the California Service Center.

What options do we have here? who knows how long the approval will take. A 2 year old should not and cannot be separated from her mother like this. If anyone knows of a solution, please help us.

[milimelo 4,544]

If the I-130 for the child has not yet been approved, and it sounds like it's been a year now, why on earth did he not contact his congressman or senator? Processing time for I-130 is five months.

The mother could've also stayed after receiving visa since it has 6 months validity period.

[khanfahad 0]

The mother couldn't stay because she was pregnant. She had the baby a week after arriving in the US. If the baby was born in Pakistan, there would be another problem with paperwork and who knows how long that would've taken.

I haven't heard anything yet from USCIS. I think I'm going to visit my congressman and see if they can help the case.

Any other suggestions would be highly appreciated.

[sachinky 465]

The I-130 should have been approved by now if it was filed in March.

Call USCIS and ask to talk to a supervisor.

Get an INFOPASS appointment.

Contact your Congressman/Senator.

I tried to control myself but I can't without saying my two-cents. The mother clearly had ONE child in Pakistan--she couldn't have the other one there as well? Really? Her ONLY option was to leave her 2 year old behind? It's one thing to say they did what they did but please don't make poor excuses for piss-poor decisions. The only paperwork required for the child of a USC is a CRBA and a US Passport which doesn't take very long.

Edited March 28, 2010 by sachinky

[milimelo 4,544]

The I-130 should have been approved by now if it was filed in March.

Call USCIS and ask to talk to a supervisor.

Get an INFOPASS appointment.

Contact your Congressman/Senator.

I tried to control myself but I can't without saying my two-cents. The mother clearly had ONE child in Pakistan--she couldn't have the other one there as well? Really? Her ONLY option was to leave her 2 year old behind? It's one thing to say they did what they did but please don't make poor excuses for piss-poor decisions. The only paperwork required for the child of a USC is a CRBA and a US Passport which doesn't take very long.

Sachinky,

not necessary to say that. If he has just gotten his USC status he still has to prove to US embassy that he's been to the US for at least 5 (full) years after his 14th birthday in order to qualify for CRBA. Some people just can't do that and have to make different decisions.

[khanfahad 0]

The I-130 should have been approved by now if it was filed in March.

Call USCIS and ask to talk to a supervisor.

Get an INFOPASS appointment.

Contact your Congressman/Senator.

I tried to control myself but I can't without saying my two-cents. The mother clearly had ONE child in Pakistan--she couldn't have the other one there as well? Really? Her ONLY option was to leave her 2 year old behind? It's one thing to say they did what they did but please don't make poor excuses for piss-poor decisions. The only paperwork required for the child of a USC is a CRBA and a US Passport which doesn't take very long.

yea man you shouldn't judge like that. If the 2nd child was born there, he wouldn't have been a citizen because my brother hadn't had a long enough stay in the US. So we really didn't have a choice but to have the mother move here. If the 2nd child was born there than who knows, by the time his case was approved, the mother's visa could've been expired.

I guess I'll try to contact the senator. I can't get an appointment because the petitioner is not in this country and he can't goto the appointment himself.

[milimelo 4,544]

yea man you shouldn't judge like that. If the 2nd child was born there, he wouldn't have been a citizen because my brother hadn't had a long enough stay in the US. So we really didn't have a choice but to have the mother move here. If the 2nd child was born there than who knows, by the time his case was approved, the mother's visa could've been expired.

I guess I'll try to contact the senator. I can't get an appointment because the petitioner is not in this country and he can't goto the appointment himself.

Have the dad sign and scan to the senator/congressman release form so they can represent him before USCIS - they won't touch the case without that. You can download the forms if you go to their web pages.

Then you need the dad to write a letter including the I-130 case number for the child and copies of any correspondence received - NOA1 I believe. Also have him appoint you as a point of contact - like a power of attorney. This is the case outside of processing times and you want action - approval, NVC processing and interview scheduling.

Good luck!