Sponsoring my dad, stepmom, and half brother

[richpowell 0]

Hi all,

I am a US Citizen who currently resides near Seattle, WA. I've been a citizen for ~5 years - I'm originally from South Africa and obtained citizenship through my wife who is a natural born US Citizen. We have been married for over 8 years and have 2 children.

My biological father (who was married to my biological mother at the time of my birth but got divorced from her later on) remarried in 2000 to my stepmother. At that time I was under the age of 18.

On September 16th, 2013 (NOA1 on September 19th) I filed two I-130s for both my dad and stepmother. They both currently reside in South Africa. Also, ~4 years ago they had a son (my half-brother). So obviously our biggest concern right now is the best way to move their entire family here with my half-brother being the one I'm having difficulties figuring out.

This is how I assume is the best way:

- Once my stepmother and father's I-130 process is complete they will get entry permits into the US and, once each of them lands in the US, they will become LPRs.

- Once either my stepmother or father becomes an LPR (as soon as they arrive in the US with their entry permits) they can immediately file an I-130 for my half-brother.

And here are my questions:
1. My half-brother already has a B2 visitor visa valid until 2022. If only one of either my dad or stepmother comes to the US initially will there be any issues with my half-brother entering the US using his B2 visa whilst his I-130 is pending?

2. Is there a better way to do work through this process where my dad's new family can stay together through this? Basically he's 4 years old but he's going to have two parents who are US LPRs and no one in South Africa he can live with.

Any help, thoughts, insights anyone has are greatly appreciated!

Thanks.

[OKflyboy 35]

I have a similar problem with my 6-year-old brother. Only our mom is all he has, the only parent, no other family at all. So far I haven't been able to figure out a way to bring him here before he gets his I-130 approved. He was denied a B visa earlier this year. They say chances of getting a B visa with his mom's immigration pending or with her being a LPR are naught.

Your brother already has a B visa, so it's a little better situation. He can try and enter.

At worst, one of the parents will have to stay behind while the other one gets their GC and a reentry permit, and then switch.

[apple21 953]

Hi all,

I am a US Citizen who currently resides near Seattle, WA. I've been a citizen for ~5 years - I'm originally from South Africa and obtained citizenship through my wife who is a natural born US Citizen. We have been married for over 8 years and have 2 children.

My biological father (who was married to my biological mother at the time of my birth but got divorced from her later on) remarried in 2000 to my stepmother. At that time I was under the age of 18.

On September 16th, 2013 (NOA1 on September 19th) I filed two I-130s for both my dad and stepmother. They both currently reside in South Africa. Also, ~4 years ago they had a son (my half-brother). So obviously our biggest concern right now is the best way to move their entire family here with my half-brother being the one I'm having difficulties figuring out.

This is how I assume is the best way:

- Once my stepmother and father's I-130 process is complete they will get entry permits into the US and, once each of them lands in the US, they will become LPRs.

- Once either my stepmother or father becomes an LPR (as soon as they arrive in the US with their entry permits) they can immediately file an I-130 for my half-brother.

There is no such thing as "entry permits". Once the entire parent petition has been completed (it has gone thru USCIS, NVC and the US Embassy in South Africa), your parents will be issued an IR5 VISA.

Once parent/s enter the US, that visa is already used. They now become LPRs. They will receive 10-year green cards shortly after POE.

And here are my questions:

1. My half-brother already has a B2 visitor visa valid until 2022. If only one of either my dad or stepmother comes to the US initially will there be any issues with my half-brother entering the US using his B2 visa whilst his I-130 is pending? The child can use the B2 visa, but make sure he does not overstay. Overstays are not forgiven for relatives of LPRs.

2. Is there a better way to do work through this process where my dad's new family can stay together through this? Basically he's 4 years old but he's going to have two parents who are US LPRs and no one in South Africa he can live with. The immigration process will separate them at one point or another. Father can come first (thru your petition), once he enters the US he files i-130 for his wife. Wife and child will immigrate together.

Any help, thoughts, insights anyone has are greatly appreciated!

Thanks.

[richpowell 0]

@apple21

Thanks for the confirmations. Everything you said seems to be in line with what I had already assumed. Also, I've already filed the I-130 for my step-mother so both my half-brother's parents will be LPRs while he sits in waiting for his I-130 process to complete. As I stated, my father and step-mother were married before I was 18 years old which, so far as I could tell, made it possible for me to sponsor her.

[apple21 953]

Yes, you can file i-130 for dad and stepmom.

Once they get their IR5 visas, your concern is that, can they enter the US with their son who is on B2 visa?

Well, they might encounter issues with CBP at POE because parents have immigrant visas whilst the child doesn't. It might be perceived that they will use the child's tourist visa as a way for him to "adjust status" in the US.

First and foremost, a tourist visa should never be used with immigrant intent. It's hard to tell whether he will be allowed entry or not.

[Jawaree 717]

Ask an atty..of course the infant cant stay back

and both parents are approved together, an atty

ought to be able to find a loop-hole

[apple21 953]

Ask an atty..of course the infant cant stay back

and both parents are approved together, an atty

ought to be able to find a loop-hole

A lawyer will promise you a "loop hole" so he can get away your $$$$ money.

Edited October 4, 2013 by apple21

[richpowell 0]

I guess they may allow him entry if one of the parents stays back in South Africa initially, right? Then that could be used as proof he'll leave the US because the child would likely go back to his home and other parent before 6 months is up?

I don't intend to do anything illegal here. I want to find the "right" way to do it with the least amount of trauma.

Edited October 4, 2013 by richpowell

[apple21 953]

I guess they may allow him entry if one of the parents stays back in South Africa initially, right? Then that could be used as proof he'll leave the US because the child would likely go back to his home and other parent before 6 months is up?

I don't intend to do anything illegal here. I want to find the "right" way to do it with the least amount of trauma.

Let's say, dad is the one immigrating. Wife and son has B2 visas.

Wife has the burden to prove that she has no immigrant intent. She might be asked at POE to show proof that she's returning to South Africa. She should come prepared with proof of her ties to SA.

Being asked for proof of ties to home country does not happen all the time at POE, so she he might get lucky.

Edited October 4, 2013 by apple21

[richpowell 0]

ok, so I just thought up one more scenario:

1. The two I-130s for both my parents get approved, they get their IR5 visas, enter the US, get their green cards, and apply for SSNs.

2. As soon as my parents enter the US with their IR5s (like, the same day, if possible) they file an I-130 to sponsor my half-brother.

3. While my dad and stepmother are in the US my half-brother stays in South Africa to rule out the possibility of him being denied entry on his B2 visa.

4. My dad and stepmother stay in South Africa but they do everything they can to maintain their permanent residence while they are waiting for my half-brother's I-130 to get approved:

- They file US tax returns

- They don't file US tax returns as "nonimmigrant"

- They don't stay outside the US for more than 1 year at a time

5. As soon as my half-brother's I-130 is approved and he gets his IR5 they all three enter the US as LPRs.

Thoughts?

Concerns would still be:

- How long will step 1 take?

- Being 100% certain my dad and stepmother do all the right things to remain permanent residents while being in South Africa and waiting.

[richpowell 0]

ok, so I just thought up one more scenario:

1. The two I-130s for both my parents get approved, they get their IR5 visas, enter the US, get their green cards, and apply for SSNs.

2. As soon as my parents enter the US with their IR5s (like, the same day, if possible) they file an I-130 to sponsor my half-brother.

3. While my dad and stepmother are in the US my half-brother stays in South Africa to rule out the possibility of him being denied entry on his B2 visa.

4. My dad and stepmother stay in South Africa but they do everything they can to maintain their permanent residence while they are waiting for my half-brother's I-130 to get approved:

- They file US tax returns

- They don't file US tax returns as "nonimmigrant"

- They don't stay outside the US for more than 1 year at a time

5. As soon as my half-brother's I-130 is approved and he gets his IR5 they all three enter the US as LPRs.

Thoughts?

Concerns would still be:

- How long will step 1 take?

- Being 100% certain my dad and stepmother do all the right things to remain permanent residents while being in South Africa and waiting.

Just to clarify my first concern - I'm mainly wondering how long it would take once my dad or stepmother entered the US for them to receive their green cards and SSNs in the mail.

[NigeriaorBust 4,087]

So there are a couple of things

You could file for your brother, in 11 years file for your parents , they all get visas in 12 years ( very legal they all come together , very slow and they better not have more kids )

Parents get visas at same time, both have 6 months to enter to activate, Parent A comes first , waits for green card and files for brother/son Parent A goes back home and parent B arrives ( still within the 6 month span ) Parent A and B take turns living with brother in SA while waiting for brothers petition.

[richpowell 0]

So there are a couple of things

You could file for your brother, in 11 years file for your parents , they all get visas in 12 years ( very legal they all come together , very slow and they better not have more kids )

Parents get visas at same time, both have 6 months to enter to activate, Parent A comes first , waits for green card and files for brother/son Parent A goes back home and parent B arrives ( still within the 6 month span ) Parent A and B take turns living with brother in SA while waiting for brothers petition.

I honestly don't believe there is any need to wait 11 years for this process to happen. Worst case scenario my dad will become a LPR and then sponsor his infant son which would be F2A category and should be pretty quick (right now it's only taking ~1 month longer than petitioning an immediate relative according to the latest visa bulletin).

Also, everywhere else I've read that the IR-5 visa has a validity of 1 year and my parents would have 1 year from day of issue to get to the US. Where did you read that they have to enter within 6 months?

I still think that when my dad gets here and becomes an LPR he can sponsor my half-brother and then he just needs to do the things I listed above to ensure he retains permanent residence. This means that he can still go back to South Africa so long as he:

- Doesn't stay outside the US for more than a year

- Maintains a mailing/physical address in the US (he can use my address - I live in the US)

- Shows that he has significant ties to the US still (both his other kids live in the US permanently with kids and spouses who are natural born citizens - myself and my sister)

- Keeps a bank account going, receives money into it, shows he's actively doing stuff in and out of the US with money

- Files a US tax return every year and does not file as a "nonimmigrant".

[aaron2020 11,651]

This is how you want to proceed.

Both parents immigrate and get green cards. One parent gets a Re-Entry Permit which allows that parent to be out of the US for up to 2 years without losing his/her green card status. It will take one year for the parent that stays in the US to petition for the son. When the son gets his immigration visa, the parent with the Re-Entry Permit comes to the US with the son.

Do not try to use the B-2 visa to stay in the US to wait for the brother's immigration process. That will not end well as the parents can be accused of illegally immigrating their child.

[Pitaya 2,577]

~Attempted thread hijack moved to new posting~

Pitaya

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