Question regarding studying abroad

[Steve717 0]

Hello everyone. This is a great website with a wealth of information and I'm glad to have found it.

I have a couple questions that I've tried searching for to see if they had been answered before with no luck. Any help provided would be greatly appreciated.

1) My sister is a USC and will be petitioning for my parents. I have a brother who is under 21. My understanding, from what I've gathered, is he would get a visa as well once my parents got theirs. The problem is, he's currently a full time student at the University of Toronto and doesn't wish to interrupt his studies. Is there some kind of advance parole or some rule that allows him to study abroad and maintain his LPR status?

2) From my research, it seems my parents, once they became LPR, would be able to petition for their unmarried children over 21 and the process takes well over 5 years(via visa bulletin). If my two other sisters were in the US on a TN and an L1 visa, would the process be quicker or would they still be looking at 5+ years?

Thank you for any information provided

[aleful 1,905]

Hello everyone. This is a great website with a wealth of information and I'm glad to have found it.

I have a couple questions that I've tried searching for to see if they had been answered before with no luck. Any help provided would be greatly appreciated.

1) My sister is a USC and will be petitioning for my parents. I have a brother who is under 21. My understanding, from what I've gathered, is he would get a visa as well once my parents got theirs. The problem is, he's currently a full time student at the University of Toronto and doesn't wish to interrupt his studies. Is there some kind of advance parole or some rule that allows him to study abroad and maintain his LPR status?

2) From my research, it seems my parents, once they became LPR, would be able to petition for their unmarried children over 21 and the process takes well over 5 years(via visa bulletin). If my two other sisters were in the US on a TN and an L1 visa, would the process be quicker or would they still be looking at 5+ years?

Thank you for any information provided

1) that's incorrect, your brother isn't a derivative, siblings are filed separatly. he will not be able to come with your parents. Petition for siblings take more than 9 years, so it's better when your parent's become LPR they can file for him. so he will be able to finish his studies before he comes, depending on what he is studying.

2) it doesn't matter that your sisters are here legally, that's the time for the visa bulletin for now, for a visa to become available, more than 5 years and they cannot overstay their visas.

[Steve717 0]

I'm sorry, I must have misunderstood a line I read.

According to this pdf, http://www.uscis.gov.../article/A1.pdf, it states "In most cases, when your relative's place in line is reached

and he/she applies to immigrate, his or her husband or wife and unmarried children under 21 can apply as dependents."

So, if a USC was sponsoring a parent who had a 5 year old child, that child would have to stay in his/her country of residence until they could be petitioned? That just doesn't seem to make any sense.

Edited October 1, 2010 by Steve717

[aleful 1,905]

I'm sorry, I must have misunderstood a line I read.

According to this pdf, http://www.uscis.gov.../article/A1.pdf, it states "In most cases, when your relative's place in line is reached

and he/she applies to immigrate, his or her husband or wife and unmarried children under 21 can apply as dependents."

So, if a USC was sponsoring a parent who had a 5 year old child, that child would have to stay in his/her country of residence until they could be petitioned? That just doesn't seem to make any sense.

they are talking about derivatives, your brother isn't a derivative. spouses and children of married children petitioned by USC parents, or USC siblings petitioning for married siblings. their spouses and minor children would come as derivatives.

read the second paragraph, where it says on the other hand, to sponsor your mother or father, file a separate petition for each, if they have other children (you and your sister's siblings)-your brother or sister-also file a separate petition for each of them

siblings are direct relatives.

so yes to your question.