How to petition a son of a green card holder

[SweetApple08 2]

H1B and FI are temporary non immigrant visa's.

Completely different.

If they want to come together all she has to do is wait for her sons petition to be current, no brainer.

Correction H1B is dual intention non immigrant visa, most H1B will adjust status here, while waiting to do AOS they will enjoy the presence of their loved ones wife/kids. While LPR spouses and children ARE NOT ALLOWED to come to visit their MOTHER.

If they want to come together all she has to do is wait for her sons petition to be current, no brainer. Am I missing something here???? The USC has applied for mother to come to USA, the 12 years old kid cannot come, NO PETITION filed for the child. Correct me if I am wrong!

I-130 for child would be filed by:

1. Mother when she comes as Green Card holder - takes a total of 5 year to get a visa. OR

2. Borther/Sister USC which takes a total of 22-23 years to come to the states from Philippines.

[SweetApple08 2]

Yes it does make sense to me, there is no law on the books demanding that the mother migrate to the US, it is a CHOICE. When you make CHOICES you must take into consideration the options and opportunies that are afford you and live within them.

As an adult that what life is all about, making choices and working with the choices that you make.

Well Some people have NO CHOICE because you say they do, it is not the case.

BTW, don't get me started on what's not fair, my family have lived a life time of what's not fair and we are true founders of this country(native American Indidans/Black. So do you want to talk about what's not fair, or do you want to take an opportunity that is being offered and work within it.

I don't see how this has to do with anything. What I am talking about is the laws that are not right. Giving a visa to the parent of USC and they are not able to come with their child, does not make any sense. USA is all about FAMILY UNITY but these laws do not reflect that.

Note: a 12 year child can not work therefore they will not be contributing to the US economy,that is why a child is not considered a priority. An H1B is coming on a guarantee work visa, so their employer is responsible for them. If you understand what is being considered then you will understand the why's.

Oh Yeah you are right!!! My Grandma who is in her 70's and qualifies to come right away to USA through my USC mother, she can actually contribute a lot more. And H1B workers are actually nedeed since you know unemployment is O%. In addition, the money that is earned from the LPR here goes to their families back home instead of being spent here in USA.

Please note, all countries have rules as to whom can set up residence in their country, most countries require that you have a work permit to work, so don't start with that US is the only... Even 3rd world countries don't just let you stroll into their country without consent/permission from them.

You are right, that's why people have to wait in line for anywhere 5 to 23 years to immigrate to USA. Keeping up these laws will help the immigration chain become larger and larger.

Edited April 19, 2010 by SweetApple08

[Boiler 45,795]

Correction H1B is dual intention non immigrant visa, most H1B will adjust status here, while waiting to do AOS they will enjoy the presence of their loved ones wife/kids. While LPR spouses and children ARE NOT ALLOWED to come to visit their MOTHER.

If they want to come together all she has to do is wait for her sons petition to be current, no brainer. Am I missing something here???? The USC has applied for mother to come to USA, the 12 years old kid cannot come, NO PETITION filed for the child. Correct me if I am wrong!

I-130 for child would be filed by:

1. Mother when she comes as Green Card holder - takes a total of 5 year to get a visa. OR

2. Borther/Sister USC which takes a total of 22-23 years to come to the states from Philippines.

H1 and L are non immigrant visa's they have dual intent but they are not Immigration Visa's. You do not have to adjust, many people use them for their intended purposes.

I do not know if the OP has sponsored the sibling or not, but if he wants to immigrate he should do as soon as possible.

The Mother has the other option of waiting till the child achieves the age of majority.

[LIFE'SJOURNEY 970]

As an adult that what life is all about, making choices and working with the choices that you make.

Well Some people have NO CHOICE because you say they do, it is not the case.

This is where you are wrong, this is what being an America means you have the right to choice. It doesn't means that the choices are unlimited or the choices are what you might want them to be. But you do have CHOICES, no one is forcing anyone to come to the US or to remain here.

[-mitch- 3]

As an adult that what life is all about, making choices and working with the choices that you make.

This is where you are wrong, this is what being an America means you have the right to choice. It doesn't means that the choices are unlimited or the choices are what you might want them to be. But you do have CHOICES, no one is forcing anyone to come to the US or to remain here.

i have no any intentions of whatsoever to blame government for such a long, agonizing immgration system that i have to go through to have my loved ones come to the US and be as one happy family.... im not blaming any system about it.... since i know its my own personal choice, my own decision to marry someone outside of US so i have to be a lil bit patient as a consequence of me loving someone from a different country.

if i dont want to go through all the stress, hardships, expenses... then i should just go home to the philippines and be with my family "OR" i should just have married someone que sera sera "OR" maybe not to marry at all... be stressfree, cheaper for immigration fees and all the good things that comes with it...but i should forget about living in the UNITED STATES....

[SweetApple08 2]

i have no any intentions of whatsoever to blame government for such a long, agonizing immgration system that i have to go through to have my loved ones come to the US and be as one happy family.... im not blaming any system about it.... since i know its my own personal choice, my own decision to marry someone outside of US so i have to be a lil bit patient as a consequence of me loving someone from a different country.

if i dont want to go through all the stress, hardships, expenses... then i should just go home to the philippines and be with my family "OR" i should just have married someone que sera sera "OR" maybe not to marry at all... be stressfree, cheaper for immigration fees and all the good things that comes with it...but i should forget about living in the UNITED STATES....

Mitch,

This has nothing to do with marriage with an LPR and waiting time. Good for both you and I waiting for visa F2A category.

This is about a mother of USC who can come to USA under Immediate Relative visa but can not take her 12 years old child with her. I really find this a little odd, I didn't think this was the case.

[Boiler 45,795]

The Parent of a USC has the benefit of having an immediate visa number available, similar to spouses.

This does not apply to other family members.

If you emmigrate to another country then if Family connections is an issue it should be something you consider before moving. Or deciding who moves in which direction. Just a bfact of international relationships.

[SweetApple08 2]

The Parent of a USC has the benefit of having an immediate visa number available, similar to spouses.

This does not apply to other family members.

If you emmigrate to another country then if Family connections is an issue it should be something you consider before moving. Or deciding who moves in which direction. Just a bfact of international relationships.

So the spouse of USC can or cannot bring underage child with them or not?

[Deputy Purple 1,294]

So the spouse of USC can or cannot bring underage child with them or not?

Yes they can. USC can petition for Immediate Relative Visa for their Step-child is the marriage happens before the child's 18th birthday.

The child will receive their own CR/IR Visa as there is no derivative status from IR/CR Visas like there is fir the K-1 & aforementioned other dual-intent visas.

[Deputy Purple 1,294]

BTW, a B2 Visa for a 12 year old Philippine child of a US LPR just ain't going to happen. What kind of ties would the kid need to have to the Philippines to override the fact that his Mom is in the US?

[justashooter 430]

An PR has no right to bring their child with them, while F-1 students (such as me) could bring the whole family here husband and children included, same situation applies to H1B workers they can bring their families too. Does this make sense to you??? These people are going to live and work here but keep their families appart...

well, since you married and applied for AOS, any intent to do such from this point on would be quashed.

F1 and H1B are temporary forbearances, not to be used with immigrant intent. additionally, an F1 has to demonstrate financial capacity prior to admission. an H1B is seen as financial capacity.