F2A - Please help

[sheela 0]

Hello,

I am confuse here with USCIS form I-130 instructions, this is what they are stating :

Who May File Form I-130

2- If you are a lawful Permanent resident of United States, you must file a separate form i-130 for each eligible relative. you may file this form for:
A. your spouse
B. your unmarried child under the age of 21
C. your unmarried son or daughter age 21 or older

Then it says:

3. If you are the lawful permanent residence of US Citizen petitioner and your relative qualifies under paragraph 2(B) or 2© above, separate petitions are not required for his or her unmarried child under the age of 21.

4. The persons described in number 2-3 of the above NOTE will be able to apply for an immigrant visa along with your relative

Question:

If the petitioner applies for his/her mother and the mother gets accepted. At this point the mother (beneficiary) becomes PR, correct? Because they are charging green card fee before they grant the visa, so technically the beneficiary can apply for her child who is 15 years old to get visa at the same time - on the same day she gets her own visa, Please correct me if I am wrong?

[apple21 953]

Hello,

I am confuse here with USCIS form I-130 instructions, this is what they are stating :

Who May File Form I-130

2- If you are a lawful Permanent resident of United States, you must file a separate form i-130 for each eligible relative. you may file this form for:

A. your spouse

B. your unmarried child under the age of 21

C. your unmarried son or daughter age 21 or older

Then it says:

3. If you are the lawful permanent residence of US Citizen petitioner and your relative qualifies under paragraph 2(B) or 2© above, separate petitions are not required for his or her unmarried child under the age of 21.

4. The persons described in number 2-3 of the above NOTE will be able to apply for an immigrant visa along with your relative

Question:

If the petitioner applies for his/her mother and the mother gets accepted Only US citizens can file for their parents.

At this point the mother (beneficiary) becomes PR, correct? Mother becomes a PR once she enters the US using her IR5 visa.

Because they are charging green card fee before they grant the visa, so technically the beneficiary can apply for her child who is 15 years old to get visa at the same time - on the same day she gets her own visa, Wrong

Please correct me if I am wrong? Mother can only file i130 for her child AFTER she enters the US. Her IR5 visa serves as a temporary GC until she receives the actual card. Mother and child cannot immigrate at the same time as derivatives are NOT allowed in the IR5 category.

[sheela 0]

Hi,

can you please explain this ?

3. If you are the lawful permanent residence of US Citizen petitioner and your relative qualifies under paragraph 2 B or 2 C , separate petitions are not required for his or her unmarried child under the age of 21.

4. The persons described in number 2-3 of the above NOTE will be able to apply for an immigrant visa along with your relative.

When you are saying Mother can only file i130 for her child AFTER she enters the US. This mean the day she enters US she can petition I-130 for her minor, she does not need to wait for the actual card to arrive?

thanks in advance

[apple21 953]

Hi,

can you please explain this ?

3. If you are the lawful permanent residence of US Citizen petitioner and your relative qualifies under paragraph 2 B or 2 C , separate petitions are not required for his or her unmarried child under the age of 21.

4. The persons described in number 2-3 of the above NOTE will be able to apply for an immigrant visa along with your relative.

When you are saying Mother can only file i130 for her child AFTER she enters the US. This mean the day she enters US she can petition I-130 for her minor, she does not need to wait for the actual card to arrive? Yes, she can immediately file i-130. She will attach a copy of her IR5 visa because it serves as a temporary GC.

Source: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=51ea3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=51ea3e4d77d73210VgnVCM100000082ca60aRCRD

If you are a permanent resident, you must demonstrate your status with:

• A copy (front and back) of Form I-551 (green card) OR
• A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence.

thanks in advance

[sheela 0]

Thanks for your replies!

I am still stuck here:

http://www.uscis.gov/files/form/i-130instr.pdf

Who May File Form I-130

2- If you are a lawful Permanent resident of United States, you must file a separate form i-130 for each eligible relative. you may file this form for:

A. your spouse

B. your unmarried child under the age of 21

C. your unmarried son or daughter age 21 or older

Then it says:

3. If you are the lawful permanent residence of US Citizen petitioner and your relative qualifies under paragraph 2(B) or 2 ( C ) above, separate petitions are not required for his or her unmarried child under the age of 21.

4. The persons described in number 2-3 of the above NOTE will be able to apply for an immigrant visa along with your relative

[aaron2020 11,651]

Hello,

I am confuse here with USCIS form I-130 instructions, this is what they are stating :

Who May File Form I-130

2- If you are a lawful Permanent resident of United States, you must file a separate form i-130 for each eligible relative. you may file this form for:

A. your spouse

B. your unmarried child under the age of 21

C. your unmarried son or daughter age 21 or older

Then it says:

3. If you are the lawful permanent residence of US Citizen petitioner and your relative qualifies under paragraph 2(B) or 2© above, separate petitions are not required for his or her unmarried child under the age of 21.

4. The persons described in number 2-3 of the above NOTE will be able to apply for an immigrant visa along with your relative

It seems that there is a typographical mistake in 3 because what the heck is a "lawful permanent residence of US Citizen petitioner?"

What this entire block means is that when an LPR petitions for a spouse or unmarried child, their minor children are included in the petition and separate petitions are not necessary.

Question:

If the petitioner applies for his/her mother and the mother gets accepted. At this point the mother (beneficiary) becomes PR, correct? Because they are charging green card fee before they grant the visa, so technically the beneficiary can apply for her child who is 15 years old to get visa at the same time - on the same day she gets her own visa, Please correct me if I am wrong?

You have a lot of wrong information here.

First, only US citizens can petition a parent. LPRs cannot petition parents.

Second, when a US citizen petitions for a parent, only the parent gets a visa. The parent has to immigrate to the US first and become an LPR before the parent can petition for the 15 years old child.

[sheela 0]

It seems that there is a typographical mistake in 3 because what the heck is a "lawful permanent residence of US Citizen petitioner?"

What this entire block means is that when an LPR petitions for a spouse or unmarried child, their minor children are included in the petition and separate petitions are not necessary.

You have a lot of wrong information here.

First, only US citizens can petition a parent. LPRs cannot petition parents.

Second, when a US citizen petitions for a parent, only the parent gets a visa. The parent has to immigrate to the US first and become an LPR before the parent can petition for the 15 years old child.

Sorry these were my questions I am not an expert but thank you for your clarification . Yes I understand only USC can petition for parents. The confusion was that number 3, which you are saying USCIS might stated wrong. Lets see.