Child of an Immigrant visa applicant - Need Suggestion

[zanman 0]

Hello,

I am a US citizen and I applied Green Card for my parents. I have a sister who is going to be 18 this year. My parents got GC after the interview but refused by sister as a dependent of my parent even though she is not 18 yet.

My question is, what options do I have to bring her along with my parents entry?

Should my parent apply for a visitor visa for my sister at origin country and try get her in along with them?

After she is here in US with visitor visa, they can apply for I30 from here is US?

What are my options on this. Its not possible for my parents to leave my sister and come to US.

Any suggestion is greatly appreciated.

[Gigli2008 70]

Hello,

I am a US citizen and I applied Green Card for my parents. I have a sister who is going to be 18 this year. My parents got GC after the interview but refused by sister as a dependent of my parent even though she is not 18 yet.

My question is, what options do I have to bring her along with my parents entry?

Should my parent apply for a visitor visa for my sister at origin country and try get her in along with them?

After she is here in US with visitor visa, they can apply for I30 from here is US?

What are my options on this. Its not possible for my parents to leave my sister and come to US.

Any suggestion is greatly appreciated.

Getting a visitors visa with the intention of staying to re-apply for another immigration benefit is visa fraud.

[Oksana & Max 94]

Getting a visitors visa with the intention of staying to re-apply for another immigration benefit is visa fraud.

Neither she will be able to adjust the status within USA.

[Oksana & Max 94]

Hello,

I am a US citizen and I applied Green Card for my parents. I have a sister who is going to be 18 this year. My parents got GC after the interview but refused by sister as a dependent of my parent even though she is not 18 yet.

My question is, what options do I have to bring her along with my parents entry?

Should my parent apply for a visitor visa for my sister at origin country and try get her in along with them?

After she is here in US with visitor visa, they can apply for I30 from here is US?

What are my options on this. Its not possible for my parents to leave my sister and come to US.

Any suggestion is greatly appreciated.

What it seems like you applied for your parents and didn't included sister in the petition. There is really no way to bring her with parents. When your parents will get here, they will be able to petition for their daughter, but it does take a long time about 10 years I think. If she will not get married by then then, there is a possibility that she will get the visa then.

You can't get a tourist visa and adjust her status here, there is no such option.

[LIFE'SJOURNEY 970]

Sister will have to wait it out until her parents can apply for her as a LPR. Immigration is no quick fast solution.

[zanman 0]

What it seems like you applied for your parents and didn't included sister in the petition. There is really no way to bring her with parents. When your parents will get here, they will be able to petition for their daughter, but it does take a long time about 10 years I think. If she will not get married by then then, there is a possibility that she will get the visa then.

You can't get a tourist visa and adjust her status here, there is no such option.

I did mentioned her as dependent with my mothers application. But during interview they said she won't be able to go with her. Not sure why they did it. My understanding was that, she would be able to get in with her because she was underage. I could be wrong here.

[aleful 1,905]

I did mentioned her as dependent with my mothers application. But during interview they said she won't be able to go with her. Not sure why they did it. My understanding was that, she would be able to get in with her because she was underage. I could be wrong here.

hi,

siblings aren't derivatives on parents petitions. siblings are filed separatly. it takes over 10 years if you file for them. it is better for your mother to come and immediatly file for her. it will take over 2 years for your sister to come. hopefully she won't turn 21 before she can come.

[aaron2020 11,651]

Hello,

I am a US citizen and I applied Green Card for my parents. I have a sister who is going to be 18 this year. My parents got GC after the interview but refused by sister as a dependent of my parent even though she is not 18 yet.

My question is, what options do I have to bring her along with my parents entry? None.

Should my parent apply for a visitor visa for my sister at origin country and try get her in along with them? Will not work. The US Embassy will not issue a visitor visa so your sister can immigrate to the US.

After she is here in US with visitor visa, they can apply for I30 from here is US? They can file but a visa number would not be available for 2-3 years. If your sister stays in the US illegally, then there is zero chance the petition filed by the parents will help her.

What are my options on this. Its not possible for my parents to leave my sister and come to US.

Any suggestion is greatly appreciated.

When you petitioned your parents, you petitioned for them as Immediate Relatives. In Immediate Relative cases, derivative beneficiaries are not allowed. There is no way for your sister to come with your parents.

No way is the US Embassy going to give her a visitor visa because she will not be able to overcome the intent to immigrate. Even if she gets one by some miracle, she will overstay in the US and essentially be illegal because a petition by an LPR parent does not give her any immediate right to live in the US. In addition, her illegal presence in the US will result in a denial of any quest for a green card based on the parents' petition.

If both parents are not willing to leave her behind, then perhaps one parent should come first. The first parent comes and files for the other parent, LPR petitioning a spouse, and for your sister. About 2-3 years later, the other parent and your sister immigrates to the US.

Edited March 6, 2012 by aaron2020

[zanman 0]

hi,

siblings aren't derivatives on parents petitions. siblings are filed separatly. it takes over 10 years if you file for them. it is better for your mother to come and immediatly file for her. it will take over 2 years for your sister to come. hopefully she won't turn 21 before she can come.

Yes that is planned as of now for my parents to apply. Is it ok, if she comes in F1 and while she is here, my parents can apply for her?

Thanks everyone for your suggestion.

[aaron2020 11,651]

Yes that is planned as of now for my parents to apply. Is it ok, if she comes in F1 and while she is here, my parents can apply for her?

Thanks everyone for your suggestion.

She can always apply for a non-immigrant student visa. However, with a US citizen sibling and both parents immigrating to the US, where is the strong evidence that she will return to her home country after she complete her course of study? Without this evidence, she is not going to get a student visa. It sure looks like she would be using the student visa to illegally immigrate to the US with her parents.

The best way to quickly bring your sister permanently to the US is what I outlined to you above; one parent comes first and file for the rest of the family.

Anything else that you can think of to get her here will not work. Many others have already tried them. USCIS are fully aware of fraudulent uses of non-immigrant visas to come and stay illegally in the US. USCIS is well aware of fraudulently using student visas to immigrate.

Edited March 6, 2012 by aaron2020