SB-1 or I-130

[johnnyaaj 0]

In 1995 my mother past away from a accident. As the year went by my father become lonely and was thinking of maybe finding someone in Thailand. He got married there not knowing the process of bring his new wife here and overstaying in Thailand for 10 years. He has been working here is the States for 20 years before he left. He has a green card form 1980 without expiration date. Also his passport or visa I don't know which one he has is expired also. My father was born in Laos and after the Secret War in Laos failed with the CIA and the communist my family immigrated to the United States. He is an alien in Thailand that can't live a normal life there and he also can't go back to Laos because the war is still going on there. I have been wondering if interviewing for a SB-1 Returning Resident immigrant visa would be a good idea or start over with the I-130.

[aleful 1,905]

In 1995 my mother past away from a accident. As the year went by my father become lonely and was thinking of maybe finding someone in Thailand. He got married there not knowing the process of bring his new wife here and overstaying in Thailand for 10 years. He has been working here is the States for 20 years before he left. He has a green card form 1980 without expiration date. Also his passport or visa I don't know which one he has is expired also. My father was born in Laos and after the Secret War in Laos failed with the CIA and the communist my family immigrated to the United States. He is an alien in Thailand that can't live a normal life there and he also can't go back to Laos because the war is still going on there. I have been wondering if interviewing for a SB-1 Returning Resident immigrant visa would be a good idea or start over with the I-130.

he has to start over, are you a USC or who would file for him because the GC is to live in the US, once a person is outside the country for over a year, you loose residency.

[Penguin_ie 5,996]

He has to start over- it's been too long and in any case, he had no overriding factors which prevented him from returning to the USA.

[johnnyaaj 0]

Thanks I was hoping SB-1 but in the back of my mind I know I had to start over. I am a USC Born in IL. If I start the I-130 forms is there a way to speed it up cuz he is my father? Also when he comes back does he use the same GC and SS number? And should I apply for his whole family? Sorry so many ?s but Thanks for the help.

[aleful 1,905]

Thanks I was hoping SB-1 but in the back of my mind I know I had to start over. I am a USC Born in IL. If I start the I-130 forms is there a way to speed it up cuz he is my father? Also when he comes back does he use the same GC and SS number? And should I apply for his whole family? Sorry so many ?s but Thanks for the help.

he is an immediate relative, the process takes from 8 months to a year. he will have the same A# and social security number. in all the forms and everywhere where it is requested you must put them. a person is only given one number in a lifetime

now are you talking about your mother and siblings or did he remarry and if so how old were you whe he remarried?

the petition is only for your father

[johnnyaaj 0]

he is an immediate relative, the process takes from 8 months to a year. he will have the same A# and social security number. in all the forms and everywhere where it is requested you must put them. a person is only given one number in a lifetime

now are you talking about your mother and siblings or did he remarry and if so how old were you whe he remarried?

the petition is only for your father

I was around 19 years old when he remarried. He has a wife and 4 kids now. Half brothers and sister. Should I start with the form I-130 first and do I really need a lawyer thats what the internet is for right ? hehe

[aleful 1,905]

I was around 19 years old when he remarried. He has a wife and 4 kids now. Half brothers and sister. Should I start with the form I-130 first and do I really need a lawyer thats what the internet is for right ? hehe

unfortunatly you cannot file for your stepmother, there are no derivatives on parents petitions, each family member must be filed separatly. to be able to file for your stepmother, the marriage had to have occured before you turned 18.

you can file for your father, and when he comes to the US, he can file for his wife and children. they cannot come together, he will have to leave his family behind

[aaron2020 11,651]

I was around 19 years old when he remarried. He has a wife and 4 kids now. Half brothers and sister. Should I start with the form I-130 first and do I really need a lawyer thats what the internet is for right ? hehe

You don't need a lawyer if you can read and follow directions on the immigration forms.

Here is the deal;

1. There is no way for you to bring them all to the US at the same time.
   
2. You can never file for your stepmother because you over age 18 when she married your father.
   
3. It will take 6-12 months for you to petition for your father. ONLY HE CAN GET AN IMMIGRATION VISA THIS QUICK. No wife and no children can immigrate with him.
   
4. It will take 12 years for you to petition for any of your siblings.
   
5. Once your father immigrates to the US, he can file for his wife and children. It will take 2-3 years for the wife. Depending on how old the children are, it will be 2 to 8 years for his children to immigrate to the US.
   
6. There is no faster way for permanent immigration.
   

[johnnyaaj 0]

You don't need a lawyer if you can read and follow directions on the immigration forms.

Here is the deal;

1. There is no way for you to bring them all to the US at the same time.
   
2. You can never file for your stepmother because you over age 18 when she married your father.
   
3. It will take 6-12 months for you to petition for your father. ONLY HE CAN GET AN IMMIGRATION VISA THIS QUICK. No wife and no children can immigrate with him.
   
4. It will take 12 years for you to petition for any of your siblings.
   
5. Once your father immigrates to the US, he can file for his wife and children. It will take 2-3 years for the wife. Depending on how old the children are, it will be 2 to 8 years for his children to immigrate to the US.
   
6. There is no faster way for permanent immigration.
   

Thanks for the information. I forgot to ask but if he is in Thailand not his home land (Laos ) can he do the interview in Thailand?

[Penguin_ie 5,996]

Thanks for the information. I forgot to ask but if he is in Thailand not his home land (Laos ) can he do the interview in Thailand?

If he is legally resident there, yes.

[johnnyaaj 0]

If he is legally resident there, yes.

What if he is not legal to be there.

[aleful 1,905]

What if he is not legal to be there.

then he will have his interview in Laos, unless he is legally residing in Thailand.

[Penguin_ie 5,996]

then he will have his interview in Laos, unless he is legally residing in Thailand.

Yep. He needs to be legally resident in whichever country he is interviewing in.