I-130 petitions. I'm interested in any thoughts and opinions that you may have?

[RICARDO4EVA2 194]

The one thing you have to consider based on your early comment is that your mother may not be happy in the US and leave before the petitions are current. If that happens everything is lost. It might be safer to also file for them yourself , especially the ones with the longer waits , as a back up. It also all vanishes if you mother happens to die. The is nothing against 2 petitions like this in the system. They will travel on the quickest. ( you could start the backup petitions as soon as your citizenship is in hand )

Well.... The mother will neeed to jump onboard... understand the process and work with it. What is to be questioned? I say nothing.

[Haarp425 26]

It also all vanishes if you mother happens to die.

Not true anymore.

New Section 204(l) of the Immigration and Nationality Act

New section 204(l) of the Act changes this governing law with respect to an alien who is seeking an immigration benefit through a deceased qualifying relative. Section 204(l) permits the approval of a visa petition or refugee/asylee relative petition, as well as any adjustment application and related application, if the alien seeking the benefit:

- Resided in the United States when the qualifying relative died;

- Continues to reside in the United States on the date of the decision on the pending petition or application; and

- Is at least one of the following:

-- The beneficiary of a pending or approved immediate relative visa petition;

-- The beneficiary of a pending or approved family-based visa petition, including both the principal beneficiary and any derivative beneficiaries;

-- Any derivative beneficiary of a pending or approved employment-based visa petition;

-- The beneficiary of a pending or approved Form I-730, Refugee/Asylee Relative Petition;

-- An alien admitted as a derivative T or U nonimmigrant; or

-- A derivative asylee under section 208(b)(3) of the Act.

Sections 203(d), 207©(2)(A), and 208(b)(3)(A) permit the spouse or child of a principal alien to accompany or follow to join a principal alien. If any one beneficiary of a covered petition meets the residence requirements of section 204(l) of the Act, then the petition may be approved, despite the death of the qualifying relative, and all the beneficiaries may immigrate to the same extent that would have been permitted if the qualifying relative had not died. But it is not necessary for each beneficiary to meet the residence requirements in order to have the benefit of section 204(l).

The statute does not bar an alien who was actually abroad when the qualifying alien died from proving that the alien still resides in the United States. Also, section 204(l) of the Act does not require the alien to show that he or she was, or is, residing here "lawfully".

Similarly, the applicant must be admissible, or must obtain any available waiver of inadmissibility. The death of the qualifying relative also does not relieve the alien of the need to have a valid and enforceable Form I-864, Affidavit of Support, a substitute sponsor will need to submit a Form I-864.

Section 204(l) of the Act permits the approval of a waiver or other relief application despite the death of a qualifying relative if:

- a petition or application specified in paragraph ©(1) of this chapter was pending or approved when the qualifying relative died;

- the alien was residing in the United States when the qualifying relative died;; and

- the alien still resides in the United States.

Note that an alien who is present in the United States unlawfully does not accrue unlawful presence while a properly filed adjustment application is pending.

Check this link. http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/uscisSearchOverrideRedirect.jsp?oid=7d52865c5d16d210VgnVCM100000082ca60aRCRD

Edited March 5, 2011 by Haarp425

[Mrs. Theresa 0]

Some visa classes have derivatives and others don't. When you apply for your parent as a USC there are no derivative visas , so siblings are left behind. Your mother will enter as an LPR which allows her to file ONLY for spouses and children ( adult child petitions only if the child is unmarried) If she becomes a USC she is then allowed to petition for spouses , children of any sort and parents . Sometimes becoming a USC make a LONGER wait for kids and immigration allows you to tell them to pretend you are still an LPR for this reason.

Yes, I realize. I always thought that the kids could come with the mom once she is petitioned for , but then I realized that it was the opposite. I'm still kind of confused as to how/why some other statuses get derivative benefits and not the parents(in my particular scenario/immediate relative petition). It rubs me as kind of backwards, but I'm pretty sure there is good reasoning for it. I learn something new everyday. You mention that "immigration allows you to tell them to pretend you are still an LPR for this reason"...could you explain this to me?

[Mrs. Theresa 0]

Well.... The mother will neeed to jump onboard... understand the process and work with it. What is to be questioned? I say nothing.

It's a tough situation, but I totally agree with you. What must be done, MUST be done. Compromise sometimes leaves no room for convenience. Plus, time is of the essence!

Not true anymore.

New Section 204(l) of the Immigration and Nationality Act

New section 204(l) of the Act changes this governing law with respect to an alien who is seeking an immigration benefit through a deceased “qualifying relative.” Section 204(l) permits the approval of a visa petition or refugee/asylee relative petition, as well as any adjustment application and related application, if the alien seeking the benefit:

- Resided in the United States when the qualifying relative died;

- Continues to reside in the United States on the date of the decision on the pending petition or application; and

- Is at least one of the following:

-- The beneficiary of a pending or approved immediate relative visa petition;

-- The beneficiary of a pending or approved family-based visa petition, including both the principal beneficiary and any derivative beneficiaries;

-- Any derivative beneficiary of a pending or approved employment-based visa petition;

-- The beneficiary of a pending or approved Form I-730, Refugee/Asylee Relative Petition;

-- An alien admitted as a derivative “T” or “U” nonimmigrant; or

-- A derivative asylee under section 208(b)(3) of the Act.

Sections 203(d), 207©(2)(A), and 208(b)(3)(A) permit the spouse or child of a principal alien to accompany or follow to join a principal alien. If any one beneficiary of a covered petition meets the residence requirements of section 204(l) of the Act, then the petition may be approved, despite the death of the qualifying relative, and all the beneficiaries may immigrate to the same extent that would have been permitted if the qualifying relative had not died. But it is not necessary for each beneficiary to meet the residence requirements in order to have the benefit of section 204(l).

The statute does not bar an alien who was actually abroad when the qualifying alien died from proving that the alien still resides in the United States. Also, section 204(l) of the Act does not require the alien to show that he or she was, or is, residing here "lawfully".

Similarly, the applicant must be admissible, or must obtain any available waiver of inadmissibility. The death of the qualifying relative also does not relieve the alien of the need to have a valid and enforceable Form I-864, Affidavit of Support, a substitute sponsor will need to submit a Form I-864.

Section 204(l) of the Act permits the approval of a waiver or other relief application despite the death of a qualifying relative if:

- a petition or application specified in paragraph ©(1) of this chapter was pending or approved when the qualifying relative died;

- the alien was residing in the United States when the qualifying relative died;; and

- the alien still resides in the United States.

Note that an alien who is present in the United States unlawfully does not accrue unlawful presence while a properly filed adjustment application is pending.

Check this link. http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/uscisSearchOverrideRedirect.jsp?oid=7d52865c5d16d210VgnVCM100000082ca60aRCRD

Good stuff! I empathize those that fall under this category. It's unfortunate, but it's good to know that the opportunity is still there for them.

Once the mom becomes a USC, her children will be considered immediate relatives. This will potentially take a great number of years.

Really? I'm confused! I thought they would still be placed in the preference categories. If that's the case we'll just wait for her to become a citizen;-)

[Mrs. Theresa 0]

I'll rephase it and make some corrections.

The fastest way would be:

- He would apply for the mother first to become LPR probably takes 8 months to year. She becomes LPR in no time since she is an immediate relative of a USC.

- With his mom's becoming LPR, she can petition I-130 for her remaining kids.

Being an LPR she can petition the children and when she does, the children will be in this category.

- Unmarried children below 21 belongs to the category 2A.

- Unmarried son's and daughter over 21 belongs to category 2B.

- After 4 years and 9 months of becoming an LPR, she can file for Naturalization.

- Once's she becomes USC and children that is still under 21 then those children will become an immediate relative and subsequently if they turn 21 will have no effect on their adjustment application since their age is frozen for immigration purposes when their mother became USC.

- However, those unmarried son's and daughter over 21 that belong to Category 2B, will be bumped to Category 1 once she becomes a USC.

I would assume his mother is from Jamaica. If she is from Jamaica, Category 1 is faster than Category 2B. Category 1 currently process 01JAN05 while Category 2B currently process 15APR03.

So, Opt-Out when parents becomes USC is only applicable for countries in Philippines. Ignore the Opt-Out because she is not from Philippines.

Visa Bulletin For February 2011

http://www.travel.state.gov/visa/bulletin/bulletin_5228.html

Thanks for breaking that down for me. I'm still a bit confused. I was thinking that no matter if whe is an LPR or becomes a USC, her children would always be placed in a preference category and never to be considered immediate relatives. In other words, a wait for a visa would always apply(as long as there is a backlog).

[Mrs. Theresa 0]

The one thing you have to consider based on your early comment is that your mother may not be happy in the US and leave before the petitions are current. If that happens everything is lost. It might be safer to also file for them yourself , especially the ones with the longer waits , as a back up. It also all vanishes if you mother happens to die. The is nothing against 2 petitions like this in the system. They will travel on the quickest. ( you could start the backup petitions as soon as your citizenship is in hand )

Yes this is of great concern, but I will remain optimistic. I'm pretty sure she will follow through. She wants this for the kids as well as we want it for her and the kids. She will do what it takes. BUT, we will be filing backup I-130s in the F4 category for the 2 older boys just in case. Good advice! Thanks.

[Haarp425 26]

Thanks for breaking that down for me. I'm still a bit confused. I was thinking that no matter if whe is an LPR or becomes a USC, her children would always be placed in a preference category and never to be considered immediate relatives. In other words, a wait for a visa would always apply(as long as there is a backlog).

"Immediate relatives" of a U.S. citizen refers to parents, spouses, widows and children of a U.S. citizen who are unmarried and under 21 years of age. Immediate relatives of a U.S. citizen can immigrate to the United States without being subject to any numerical restrictions, unlike other close family members of U.S. citizens or permanent residents. Namely, they can apply for the permanent resident status without any waiting time.

Family-based preferences:

First: Unmarried Sons and Daughters (over 21 years old) of Citizens : 23,400 plus any numbers not required for fourth preference.

-------------

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

-------------

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

-------------

Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

Edited March 6, 2011 by Haarp425

[RICARDO4EVA2 194]

Yes this is of great concern, but I will remain optimistic. I'm pretty sure she will follow through. She wants this for the kids as well as we want it for her and the kids. She will do what it takes. BUT, we will be filing backup I-130s in the F4 category for the 2 older boys just in case. Good advice! Thanks.

yow my girl.. just petition fi yuh madda and it dun rite de so.

[Mrs. Theresa 0]

i see you got the answer to the question noted above and additional information. IF when you submit the information I'll be here to help you.

Yes and thanks!

[Mrs. Theresa 0]

yow my girl.. just petition fi yuh madda and it dun rite de so.

Hahaha...for sure. I'm just very anxious!

"Immediate relatives" of a U.S. citizen refers to parents, spouses, widows and children of a U.S. citizen who are unmarried and under 21 years of age. Immediate relatives of a U.S. citizen can immigrate to the United States without being subject to any numerical restrictions, unlike other close family members of U.S. citizens or permanent residents. Namely, they can apply for the permanent resident status without any waiting time.

Family-based preferences:

First: Unmarried Sons and Daughters (over 21 years old) of Citizens : 23,400 plus any numbers not required for fourth preference.

-------------

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

-------------

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

-------------

Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

Ahhhhhhhhhhhh! Good to know!