Jump to content

12 posts in this topic

Recommended Posts

Filed: Timeline
Posted

I have a friend of mine who is USC and wanted to apply for her family members to come to the United States and she is concern about few questions:

1) Her parents:

- How long it will take for them to get approved?

- When approved, what kind of status would they be granted – 5 years green card?

- Does she need to apply individual petition for each of them?

2) Brothers and sisters:

- Her 2 brothers and 2 sisters are 14 -15 -17 – 18, Since they are NOT over the age of 21, do they get granted visa with her parents (5 years green card) since they depend to their parents?

- Her 2 sisters are married and have kids and she knows married or over the age of 21 brothers and sisters would get longer to get approved, How long is the waiting time for her married sisters, is it exact 10 years - less or more?

- When her sisters get approved, what kind of visa would they get (5 years green card)?

- How about their kids, their kids some will be under the age of 21 some will be over (if it takes 10 years to get approved), what will happen to their kids?

- How about their husbands, what kind of visa will be their husbands will be granted

3) Now the last and final question, she is disable (Not working). Does she need to provide prove of finance to show she can support, If so how can she do this… It’s a big family its really hard to prove she can support 8 sibling and parents and when it comes to her married sisters they have kids so how can she prove OR is there some type of government help ? She heard for brothers and sisters since they wait for 10 years to get approved the government will not require support from USC, Is this true?

Many thanks for all of your thoughts here! :thumbs:

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

1. Parents will take 8-13 months to get approved. they get a ten year greencard, yes, individual petitions.

2. No, there is no derrivative for the parents' visas, even if they are minors. The choices are to leave them behind and have the parents petition for them as soon as they get here, or have only one parent come and petition while the other stays behind to care for the kids, or petition her siblings first and wait the many years (12+, depending on country) until their priority date to become current. Wait time for siblings is the same whether they are married or not. The siblings can come with their husband and minor kids.

3. She will need co-sponsors- likely several unless she knows someone wealth. Visas will not be approved without a affidavit of support.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

To give more accurate timelines we need to know what country she is from but , one petition for each person. With parents she not only needs to have a affidavit of support. If either has medical issues she must show they will not be a public charge and she might have to show medical insurance at the cost of hundreds or thousands of dollars a month depending on the condition.

This will not be over quickly. You will not enjoy this.

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

I have a friend of mine who is USC and wanted to apply for her family members to come to the United States and she is concern about few questions:

1) Her parents:

- How long it will take for them to get approved?

- When approved, what kind of status would they be granted – 5 years green card?

- Does she need to apply individual petition for each of them?

2) Brothers and sisters:

- Her 2 brothers and 2 sisters are 14 -15 -17 – 18, Since they are NOT over the age of 21, do they get granted visa with her parents (5 years green card) since they depend to their parents?

- Her 2 sisters are married and have kids and she knows married or over the age of 21 brothers and sisters would get longer to get approved, How long is the waiting time for her married sisters, is it exact 10 years - less or more?

- When her sisters get approved, what kind of visa would they get (5 years green card)?

- How about their kids, their kids some will be under the age of 21 some will be over (if it takes 10 years to get approved), what will happen to their kids?

- How about their husbands, what kind of visa will be their husbands will be granted

3) Now the last and final question, she is disable (Not working). Does she need to provide prove of finance to show she can support, If so how can she do this… It’s a big family its really hard to prove she can support 8 sibling and parents and when it comes to her married sisters they have kids so how can she prove OR is there some type of government help ? She heard for brothers and sisters since they wait for 10 years to get approved the government will not require support from USC, Is this true?

Many thanks for all of your thoughts here! :thumbs:

ditto,

the parents will come in a year or less, the petitions are filed separatly. they will have to leave their children behind. siblings aren't derivatives on parent's petitions, so they will need to address that. they must know that they can't come together, siblings are filed separatly, and take over 12 years deepending on what country are they from.

parents once they come they can file for them, but anyway the wait will be over 2 years. thew will need joint sponsors since it is a big family. no government help, on they contrary, she has to prove that all these people won't become a public charge.

there is no 5 year GC, it's 10 years.

Filed: Timeline
Posted

1. Parents will take 8-13 months to get approved. they get a ten year greencard, yes, individual petitions.

2. No, there is no derrivative for the parents' visas, even if they are minors. The choices are to leave them behind and have the parents petition for them as soon as they get here, or have only one parent come and petition while the other stays behind to care for the kids, or petition her siblings first and wait the many years (12+, depending on country) until their priority date to become current. Wait time for siblings is the same whether they are married or not. The siblings can come with their husband and minor kids.

3. She will need co-sponsors- likely several unless she knows someone wealth. Visas will not be approved without a affidavit of support.

Many Thanks Penguin!

Just one more question on your 2 answer:

1- When you say the once the parents granted 10 years GC and come in they can petition for their kids, this mean they don’t have to wait for their US citizenship and they can apply the next day after their arrival to US?

2- What is the processing time for their kids, after the day they apply?

3- Do they have to petition for each individual kid seprate application even they are under the age of 18 or 21?

4- What if the kids are married and have kids, Do the parents have to petition for their kid – their husband/wife – their children (in this case grandchild) Individually even the are minors (who is consider as minor 18 or under 21)?

Please advise….. Thanks again!

Filed: Country: Vietnam (no flag)
Timeline
Posted

Many Thanks Penguin!

Just one more question on your 2 answer:

1- When you say the once the parents granted 10 years GC and come in they can petition for their kids, this mean they don’t have to wait for their US citizenship and they can apply the next day after their arrival to US?

No. They do not get US citizenship when they arrive. They can apply for US citizenship after having their green cards for 5 years.

A green card holder (LPR) can petition for a spouse or unmarried child of any age. It will take 3 to 20 years depending on which country and age. Since you haven't stated which country and age, listing all the possible results will only confuse you since most will not apply to your family.

A LPR can never have a petition for a married child. If your sibling get marry, the petition filed by the LPR parent will be denied.

2- What is the processing time for their kids, after the day they apply?

Pretty similar to what you will do for your parent. It starts with the I-130 and a lot of waiting.

3- Do they have to petition for each individual kid seprate application even they are under the age of 18 or 21?

Each unmarried child will need his or her own I-130. No married children until your parents become US citizens.

4- What if the kids are married and have kids, Do the parents have to petition for their kid – their husband/wife – their children (in this case grandchild) Individually even the are minors (who is consider as minor 18 or under 21)?

Please advise….. Thanks again!

LPRs cannot file for married children.

When your parents become US citizens (after 5 years of being LPRs), then they can file for married children. Only US citizens can file for married children. Whether the grandchildren will be able to immigrate with their parents after 12 or 23 years of waiting will depend on their age. Grandchildren who at the time the US Embassy interviews are under age 21 according to CSPA will be able to immigrate. This is way too far to plan out - 17 to 28 years, so there is no way to guess if they grandchildren can immigrate today.

Posted

He said the siblings range in age from 14-18. So the parents could file immediately as LPRs when they arrive and at least the younger two (maybe the older two) should be eligible to come in about 3 years.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Filed: Country: Vietnam (no flag)
Timeline
Posted

He said the siblings range in age from 14-18. So the parents could file immediately as LPRs when they arrive and at least the younger two (maybe the older two) should be eligible to come in about 3 years.

If they are not married. OP stated that two sisters are married. We don't know their ages. Could be the younger kids.

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

Many Thanks Penguin!

Just one more question on your 2 answer:

1- When you say the once the parents granted 10 years GC and come in they can petition for their kids, this mean they don’t have to wait for their US citizenship and they can apply the next day after their arrival to US?

2- What is the processing time for their kids, after the day they apply?

3- Do they have to petition for each individual kid seprate application even they are under the age of 18 or 21?

4- What if the kids are married and have kids, Do the parents have to petition for their kid – their husband/wife – their children (in this case grandchild) Individually even the are minors (who is consider as minor 18 or under 21)?

Please advise….. Thanks again!

1) only for unmarried children

3)yes

4) they cannot marry until they recieve the GC. residents cannot file for married children, unless they become USC. they cannot petition for married children

4)under 21, 21 and over is another category with a longer waiting time depending on the country they are from

Posted

If they are not married. OP stated that two sisters are married. We don't know their ages. Could be the younger kids.

I thought she meant there were 6 siblings - 4 unmarried and 2 married. I may be wrong, but I'm basing this on the fact that she said the 2 married have kids and some of them will be over 21 in 10 years, and I can't imagine anyone 14-18 having an 11 year old child.

I think we need some clarification from OP ...

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Filed: Timeline
Posted

I thought she meant there were 6 siblings - 4 unmarried and 2 married. I may be wrong, but I'm basing this on the fact that she said the 2 married have kids and some of them will be over 21 in 10 years, and I can't imagine anyone 14-18 having an 11 year old child.

I think we need some clarification from OP ...

Thanks guys!

She has 2 brothers and 2 sisters who are under the age of 18 (NOT MARRIED). She has another 2 sisters who are married and their kids are under the age of 15. The country is Iran. If she petition for her parents and according to you they will be granted 10 years GC within 18 months by then the oldest kid (or her sibling – not married ones) will be just 20 so can her parents (as GC holder) apply for their 4 kids (who will not be over the age of 21, single)? And how long would that take?

Let’s forget the married kids for now since that is not possible at this time or takes long.

Thanks

Filed: Country: Vietnam (no flag)
Timeline
Posted

Thanks guys!

She has 2 brothers and 2 sisters who are under the age of 18 (NOT MARRIED). She has another 2 sisters who are married and their kids are under the age of 15. The country is Iran. If she petition for her parents and according to you they will be granted 10 years GC within 18 months by then the oldest kid (or her sibling – not married ones) will be just 20 so can her parents (as GC holder) apply for their 4 kids (who will not be over the age of 21, single)? And how long would that take?

Let’s forget the married kids for now since that is not possible at this time or takes long.

Thanks

Time is not on your friend's side.

IRAN will mean Administrative Processing. Being from a country hostile to the US slows everything down. It could be more than 18 months for an Iranian to get through US security checks. The Iranian government is not helpful (or trustworthy) on the issue of advancing US security. This is why background checks will take longer in countries hostile to the US.

Once a parent immigrates to the US and obtain legal permanent residency status, that parent can file for unmarried children of any age.

There are two categories; F2a when an LPR parent petitions for a child under age 21. F2b when an LPR parent petitions for a child over age 21. Marriage kills the petition, so the child cannot get marry if he/she wants to immigrate to the US.

When a child turns 21, the case automatically changes from an F2a to an F2b. CSPA can help with this in some cases. There is no way to predict if it will help at this time.

Currently, it takes about 2-3 years for an F2a beneficiary to be eligible for a visa and about 8 years for an F2b beneficiary to be eligible for a visa.

Given the complexity of petitioning an Iranian, it it practically impossible to know how long it will take the family to immigrate to the US. If a parent waits for 1 year for a visa interview and is put into AP for 3-4 years, then the time frame to petition for the unmarried children changes significantly. Without knowing how long it will take to petition the parent, it is impossible to guess how long for the unmarried children.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...