Need help

[mcesjc 0]

Here's my situation. I'm a permanent resident here in the United States. I petitioned my daughters who are over 21 in July 2006. My two daughters are disabled (one with severe mental retardation and the other one with mild mental retardation) and are just being take cared of my other daughter. They are here on a tourist visa as of the moment. In 2009, we tried to change their status in order for them to stay here but we got a denial letter from USCIS due to priority dates reason. They are the only family that I have back in our home country, Philippines and as a mother I would like to see them and take care of them specially that they have problems. My main concern is that I don't want them to be out of status and I would really like for them to stay here with me. Is there a way for us to re-appeal their case for them to be able to stay here permanently? Please help. Thanks

[happyme'11 3]

Here's my situation. I'm a permanent resident here in the United States. I petitioned my daughters who are over 21 in July 2006. My two daughters are disabled (one with severe mental retardation and the other one with mild mental retardation) and are just being take cared of my other daughter. They are here on a tourist visa as of the moment. In 2009, we tried to change their status in order for them to stay here but we got a denial letter from USCIS due to priority dates reason. They are the only family that I have back in our home country, Philippines and as a mother I would like to see them and take care of them specially that they have problems. My main concern is that I don't want them to be out of status and I would really like for them to stay here with me. Is there a way for us to re-appeal their case for them to be able to stay here permanently? Please help. Thanks

I am so sorry to hear about the situation. I think u need an immigration lawyer expert on that kind of situation. I am really hoping that they will be allowed to stay here with u permanently. God bless u in ur journey.

[Penguin_ie 5,996]

Do not waste your money in an appeal; they are working on August 1999 for your daughters' category, so unfortunately, you still have a long wait ahead of you. When can you become a US citizen? That would speed things up.

[RICARDO4EVA2 194]

A lawyer will not be able to help you in this situation. IF they stay here then they will be out of status and so when the lengthy wait is over you would not be able to adjust status to that of a LPR.

[Jojo92122 1,924]

Do not waste your money in an appeal; they are working on August 1999 for your daughters' category, so unfortunately, you still have a long wait ahead of you. When can you become a US citizen? That would speed things up.

Actually, it takes longer for a benefiary from the Philippines to immigrate to the US in the F1 category than in the F2b category. So it takes longer for a US citizen to bring over an unmarried child over 21 than for an LPR. It's a quirk of the system.

[JimVaPhuong 4,863]

Actually, it takes longer for a benefiary from the Philippines to immigrate to the US in the F1 category than in the F2b category. So it takes longer for a US citizen to bring over an unmarried child over 21 than for an LPR. It's a quirk of the system.

Not so much a quirk. It's just a matter of how much a particular country is oversubscribed in a particular visa category. They can't issue more than 7% of the available visas in any category to any one country. There are nearly 5 times as many F2 visas available each year as there are F1's. The line of people waiting for F1's in the Philippines might actually be shorter than the line for F2's, but the F1 line moves more slowly because they allow fewer F1's into the US each year.

@mcesjc: Your kids can't get a green card until their priority date becomes current. There's no way they can remain in the US until then. They would be out of status, and someone who is out of status cannot adjust status and get a green card. The only exception are people who qualify as immediate relatives of a US citizen, and your children are too old to qualify, even if you become a US citizen in the meantime.

It also sounds like you've got a couple of other problems, as well. You say they are currently here on tourist visas, and that you tried to adjust their status in 2009 but it was denied. If they have been here the entire time then they're already out of status. Further, they've overstayed by more than one year. When they leave the US they will be banned from returning for 10 years. You cannot get a waiver for this ban. You'll just have to wait until the ban expires. Since it's going to take more than 10 years for their priority dates to become current (based on the current visa bulletin) they should leave as soon as possible and begin waiting out the ban. Hopefully, the ban will end before their priority date becomes current.

Finally, the public charge requirement might be a problem, especially for the daughter with the severe retardation. It's a foregone conclusion that she will never be able to support herself. She will need financial support and care for the rest of her life. You're going to need to convince the US government that you can afford to cover the cost of her support and care essentially forever. This isn't simply a matter of meeting the minimum requirements for the affidavit of support. Those minimum requirements presume a reasonably healthy immigrant who would might only need temporary assistance to support themselves. Both the AFM and FAM specifically mention beneficiary's who are elderly or who will require long term care as considerations when making the public charge determination.

[Boiler 46,124]

So they came in 2009, left and re visited recently?

I was going to mention Medical Insurance, but who knows what the situation will be so far down the road.

[Jojo92122 1,924]

Not so much a quirk. It's just a matter of how much a particular country is oversubscribed in a particular visa category. They can't issue more than 7% of the available visas in any category to any one country. There are nearly 5 times as many F2 visas available each year as there are F1's. The line of people waiting for F1's in the Philippines might actually be shorter than the line for F2's, but the F1 line moves more slowly because they allow fewer F1's into the US each year.

@mcesjc: Your kids can't get a green card until their priority date becomes current. There's no way they can remain in the US until then. They would be out of status, and someone who is out of status cannot adjust status and get a green card. The only exception are people who qualify as immediate relatives of a US citizen, and your children are too old to qualify, even if you become a US citizen in the meantime.

It also sounds like you've got a couple of other problems, as well. You say they are currently here on tourist visas, and that you tried to adjust their status in 2009 but it was denied. If they have been here the entire time then they're already out of status. Further, they've overstayed by more than one year. When they leave the US they will be banned from returning for 10 years. You cannot get a waiver for this ban. You'll just have to wait until the ban expires. Since it's going to take more than 10 years for their priority dates to become current (based on the current visa bulletin) they should leave as soon as possible and begin waiting out the ban. Hopefully, the ban will end before their priority date becomes current.

Finally, the public charge requirement might be a problem, especially for the daughter with the severe retardation. It's a foregone conclusion that she will never be able to support herself. She will need financial support and care for the rest of her life. You're going to need to convince the US government that you can afford to cover the cost of her support and care essentially forever. This isn't simply a matter of meeting the minimum requirements for the affidavit of support. Those minimum requirements presume a reasonably healthy immigrant who would might only need temporary assistance to support themselves. Both the AFM and FAM specifically mention beneficiary's who are elderly or who will require long term care as considerations when making the public charge determination.

Given all the complications, it might be a good idea to consult with an immigration attorney.

[Boiler 46,124]

http://travel.state.gov/visa/bulletin/bulletin_5337.html

You can look for yourself and avoid the consultation fee.

You can opt to keep the F2B date upon naturalisation.

[mcesjc 0]

my kids aren't status yet. they just returned here one year after they tried to change their status.

Not so much a quirk. It's just a matter of how much a particular country is oversubscribed in a particular visa category. They can't issue more than 7% of the available visas in any category to any one country. There are nearly 5 times as many F2 visas available each year as there are F1's. The line of people waiting for F1's in the Philippines might actually be shorter than the line for F2's, but the F1 line moves more slowly because they allow fewer F1's into the US each year.

@mcesjc: Your kids can't get a green card until their priority date becomes current. There's no way they can remain in the US until then. They would be out of status, and someone who is out of status cannot adjust status and get a green card. The only exception are people who qualify as immediate relatives of a US citizen, and your children are too old to qualify, even if you become a US citizen in the meantime.

It also sounds like you've got a couple of other problems, as well. You say they are currently here on tourist visas, and that you tried to adjust their status in 2009 but it was denied. If they have been here the entire time then they're already out of status. Further, they've overstayed by more than one year. When they leave the US they will be banned from returning for 10 years. You cannot get a waiver for this ban. You'll just have to wait until the ban expires. Since it's going to take more than 10 years for their priority dates to become current (based on the current visa bulletin) they should leave as soon as possible and begin waiting out the ban. Hopefully, the ban will end before their priority date becomes current.

Finally, the public charge requirement might be a problem, especially for the daughter with the severe retardation. It's a foregone conclusion that she will never be able to support herself. She will need financial support and care for the rest of her life. You're going to need to convince the US government that you can afford to cover the cost of her support and care essentially forever. This isn't simply a matter of meeting the minimum requirements for the affidavit of support. Those minimum requirements presume a reasonably healthy immigrant who would might only need temporary assistance to support themselves. Both the AFM and FAM specifically mention beneficiary's who are elderly or who will require long term care as considerations when making the public charge determination.