I need advised about my minor daughter

[meblue 5]

Hi,

I am LPR and I'm eligible to apply a US Citizenship on April 2012. I got a minor daughter she's still in the Philippines. She's ill right now and I need to take care of her. I want her to come in the US now. How can I bring her in the US now? Can I apply for another visa other than a relative type visa? And then I'll just petition her when she's already here in the US as immediate relative. Is it possible? I need help and advice. Any advice will be appreciated. Thanks in advance.

meblue

[JimVaPhuong 4,863]

Hi,

I am LPR and I'm eligible to apply a US Citizenship on April 2012. I got a minor daughter she's still in the Philippines. She's ill right now and I need to take care of her. I want her to come in the US now. How can I bring her in the US now? Can I apply for another visa other than a relative type visa? And then I'll just petition her when she's already here in the US as immediate relative. Is it possible? I need help and advice. Any advice will be appreciated. Thanks in advance.

meblue

She could apply for a B2 visitor's visa. That can usually be done in a few weeks since no petition from you is required. B2 visas aren't particularly easy to get in the Philippines because of the presumption of immigrant intent. Which brings me to...

When you're ready for her to immigrate you should file an immigrant visa petition for her, and she should get the visa at the consulate in Manila. Trying to shortcut the system by having her enter the US with a non-immigrant visa if you have the intention of adjusting her status after she arrives is illegal, and there are risks if you attempt to do this.

What sort of illness does she have? Some types of illness might qualify her for a humanitarian B2 visa. Other types of illness might make her inadmissible to the US.

[meblue 5]

What sort of illness does she have? Some types of illness might qualify her for a humanitarian B2 visa. Other types of illness might make her inadmissible to the US.

Thanks for the quick reply. She have Epilepsy. Is this illness will qualify her for a humanitarian B2 visa? Is this illness might make her inadmissible to the US? I need advice, Thanks again.

[JimVaPhuong 4,863]

Thanks for the quick reply. She have Epilepsy. Is this illness will qualify her for a humanitarian B2 visa? Is this illness might make her inadmissible to the US? I need advice, Thanks again.

It's not an inadmissible disease because it's not contagious. It probably won't qualify for a humanitarian B2 unless she needs urgent treatment that's not available in the Philippines. It does, however, raise the risk that you'll try to keep her here once she arrives.

Here's the thing about B2 visas...

There's a clause in US immigration law that allows an immediate relative of a US citizen to file for a green card if they are physically present in the US. There's also a clause in the immigration law that makes it illegal to enter the US with a non-immigrant visa if the alien has the intention of becoming an immigrant (i.e., filing for a green card) before they leave, unless the non-immigrant visa specifically allows for this sort of intent (a B2 visa doesn't allow it). The second clause makes it clear that the first clause is intended to be an exception to normal immigrant visa processing, and is intended to be used when the circumstances change after the alien arrives in the US. People aren't supposed to use adjustment of status as a shortcut around getting an immigrant visa. This makes it more difficult for someone who is eligible to adjust status in the US (like your daughter) to get a non-immigrant visa. The consulate will often presume that they have a preconceived intent to immigrate, and tell them to have their US relative petition to get them an immigrant visa.

Another clause in the immigration law says that a biological child of a US citizen who has been admitted to the US for immigrant status (they entered with an immigrant visa or were approved for adjustment of status) will automatically become a US citizen. Again, this increases the consulates suspicion of immigrant intent if an alien who would be eligible for this benefit applies for a non-immigrant visa.

Still, it's doesn't take long to apply for a B2 visa, and it's not particularly expensive. It's worth a try.

[Jojo92122 1,924]

Hi,

I am LPR and I'm eligible to apply a US Citizenship on April 2012. I got a minor daughter she's still in the Philippines. She's ill right now and I need to take care of her. I want her to come in the US now.

How can I bring her in the US now? You cannot bring her permanently to the US now. It takes 2-3 years for an LPR to petition for an unmarried child under 21 years old.

Can I apply for another visa other than a relative type visa? A visitor visa would allow her to visit the US. There is no other visa that would allow her to come permanently.

And then I'll just petition her when she's already here in the US as immediate relative. Is it possible? No. It takes 2-3 years for an LPR to petition for an unmarried child under age 21. She cannot get a green card until her Priority Date becomes current in 2-3 years or you become a US citizen. "Immediate Relative" usually refers to a US citizen petitioning for a spouse, parent, or unmarried child under 21. You are not a US citizen, so you cannot petition within the "Immediate Relative" cases.

I need help and advice. Any advice will be appreciated. Thanks in advance.

meblue

There is no way for you to permanently bring your daughter to the US at this time.

If she can get a visitor visa, she must leave the US before her I-94 expires. Given the circumstances, I don't think she will qualify for a visitor visa. However, you should give it a try if you think it might be possible for your daughter to temporarily visit the US.

As an LPR, your options is very limited when petitioning for an unmarried child under 21 years old. It takes 2-3 years for an LPR to petition for an unmarried child under 21.

You will be eligible to apply for US citizenship in April 2012. It will probably take 6-12 months.

Are you married to a US citizen? If yes, your US citizen spouse may be able to petition for your child now.

my thoughts to you is to 1) file the I-130 for your daughter now, and 2) upgrade the petition to an "Immediate Relative" case once you are a US citizen (taken oath).

Edited October 7, 2011 by Jojo92122

[meblue 5]

Hi JimVaPhuong, Thanks again for the quick reply. I am in a process to petition my daughter as Immediate relative of a LPR. And next year, April 2012 I'm eligible to apply a US Citizenship. I am ready for the US Citizenship, I already memorized all the questions in civic exam, I'm law abiding, I don't have any violations not even a traffic violations and I got continuous residence within the United States for a period of 4 years and 4 months now. I think I will pass the US Citizenship. Just 6 months to go and I can apply a US Citizenship. Then I'll upgrade my daughter's petition.

I am just a normal mother who worry about my daughter because she just got diagnose with this Epilepsy illness. Another problem, my sister who took care of my daughter migrated in New Zealand two years ago. So I left my daughter to my niece care. But my niece has lots of obigation now, She's working as a full time school teacher. Her parents are also ill and she's taking care of them, she's also taking care of her old grandmother. Now that my daughter is also ill, she can't take care all four of them. That's why I'm worried. I have no intention to do the short cut of getting my daughter here. I will do the right process, that's why when my sister moved to New Zealand. I just left my daughter to my niece. But at this point my niece cannot handle the obligation about my daughter anymore.

In my daughter's situation, can I try to get her a B1 visa and If she won't get approve, is trying to get a B1 visa will cause problem in her Immediate relative petition? Thank you once again.

[meblue 5]

There is no way for you to permanently bring your daughter to the US at this time.

If she can get a visitor visa, she must leave the US before her I-94 expires. Given the circumstances, I don't think she will qualify for a visitor visa. However, you should give it a try if you think it might be possible for your daughter to temporarily visit the US.

As an LPR, your options is very limited when petitioning for an unmarried child under 21 years old. It takes 2-3 years for an LPR to petition for an unmarried child under 21.

You will be eligible to apply for US citizenship in April 2012. It will probably take 6-12 months.

Are you married to a US citizen? If yes, your US citizen spouse may be able to petition for your child now.

my thoughts to you is to 1) file the I-130 for your daughter now, and 2) upgrade the petition to an "Immediate Relative" case once you are a US citizen (taken oath).

I am a widow and I have no plan to remarry at this point. So, maybe it's better that I'll wait for 6 months for my Eligibility to apply a US citizenship then another 6 months to get approve, then wait for months I don't know how long for my daughter's Immediate Relative visa. But my concern is, my niece can't watch her all the time. She's working a full time job. My niece is my only relative at this point that is capable to take care of my minor child. What if she got an epileptic seizure again and something bad happen to her. I'm just concern and worried. I need more advice, I really appreciate it. Thank you so much guys.

Edited October 7, 2011 by meblue

[Boiler 45,484]

Why do you not look after her?

[VanessaTony 3,567]

I am a widow and I have no plan to remarry at this point. So, maybe it's better that I'll wait for 6 months for my Eligibility to apply a US citizenship then another 6 months to get approve, then wait for months I don't know how long for my daughter's Immediate Relative visa. But my concern is, my niece can't watch her all the time. She's working a full time job. My niece is my only relative at this point that is capable to take care of my minor child. What if she got an epileptic seizure again and something bad happen to her. I'm just concern and worried. I need more advice, I really appreciate it. Thank you so much guys.

I agree with Boiler. Why don't you return to your home country to care for her? You would still be eligible for USC in April (given you said you have such a long period of continuous stay already) so you could apply from your home country...

[JimVaPhuong 4,863]

In my daughter's situation, can I try to get her a B1 visa and If she won't get approve, is trying to get a B1 visa will cause problem in her Immediate relative petition? Thank you once again.

As the others have suggested, you could return to the Philippines and take care of her until you're eligible to apply for citizenship. However, if it would mean giving up your job or home then I don't recommend you do it. You're going to need a job and a place to stay when your daughter gets here.

There's a good chance she'd be denied for a B2 visa for the reasons I gave. The CO will likely conclude that there's a strong chance she'll stay. If she's denied for a B2 then it won't have any effect on her immigrant visa. You could still go and visit her while you're waiting.

[Boiler 45,484]

I disagree the daughters welfare should come first.

[JimVaPhuong 4,863]

I disagree the daughters welfare should come first.

She isn't going to be able to help her daughter much if she doesn't have a job or home, and is just going to end up being another dependent for her niece to feed. When the petition gets to the NVC stage she's going to need to submit an affidavit of support, which will be difficult if she isn't domiciled in the US and getting a steady income.

Based on what she's said so far, it doesn't sound like her daughter's situation is going to improve by her returning to the Philippines, and it might make it much more difficult for her to help her daughter immigrate to the US.

[Boiler 45,484]

What if she got an epileptic seizure again and something bad happen to her

Nuff said

What the OP's personal circumstances are she has not said.

[Sirach123 2]

She isn't going to be able to help her daughter much if she doesn't have a job or home, and is just going to end up being another dependent for her niece to feed. When the petition gets to the NVC stage she's going to need to submit an affidavit of support, which will be difficult if she isn't domiciled in the US and getting a steady income.

Based on what she's said so far, it doesn't sound like her daughter's situation is going to improve by her returning to the Philippines, and it might make it much more difficult for her to help her daughter immigrate to the US.

I agree. My thought is she should pay a relative or even a nurse to take good care of her daughter. It doesnt cost her more than $300 a month. We have oversupply of nurses in the Philippines right now. Licensed nurses are even willing to pay for training and experience in hospitals because there are not much job opening for them.