Help : Can my mom petition for me ?

[zaback21 29]

Hi,

I have a question regarding F2B petition. My father who got his F4 petition approved (through my aunt who is an US Citizen and applied for him 13 years ago) is immigrating to US this September as Permanent Resident. My mom and my sister (whose CSPA age is under 21) is accompanying him this September too. I couldn't join them since my CSPA age is over 21.

Can my mother who will become Permanent Resident this September (through accompanying my dad) petition for me (under F2B category) once she gets her Green Card this year? Or does this have to be only my dad since my aunt filed petition for him ?

Thanks in advance !

[zaback21 29]

Another question regarding I-130 form question 14b.

14b. Did you gain permanent resident status through marriage to a US citizen or lawful permanent resident ?

My mom is an accompany of my dad's F4 petition. So, in a way my mom was able to come to US through her marriage to my dad. But she didn't got her LPR through petition by my dad. (Please read the above post for more info.)

So, I am a little confused whether the answer is yes or no.

Thanks !

Edited August 5, 2016 by zaback21

[Penguin_ie 5,996]

Yes your mom can petiton you, it doesn't matter how someone gets their greencard, they can petition immediately.

Not sure on your second question- the petition is a sibling one, so my inclination would be to say "no" on that question.

[aaron2020 11,651]

Both parents can file separate I-130 for you. See my response in your duplicate thread.

You answer "no" to 14b.

[zaback21 29]

Yes your mom can petiton you, it doesn't matter how someone gets their greencard, they can petition immediately.

Not sure on your second question- the petition is a sibling one, so my inclination would be to say "no" on that question.

Thanks !

[zaback21 29]

Both parents can file separate I-130 for you. See my response in your duplicate thread.

You answer "no" to 14b.

Thanks so much mate !

Just another question not related to this section, but do the LPR needs to be physically present when filing petition I-130 ? Or can the LPR leave US and send I-130 to USCI Lockerbox from abroad or through a friend in USA ?

Same question regarding the Re-Entry permit I-131. Do I need to be physically present when filing Form I-131 ?

[aaron2020 11,651]

Thanks so much mate !

Just another question not related to this section, but do the LPR needs to be physically present when filing petition I-130 ? Or can the LPR leave US and send I-130 to USCI Lockerbox from abroad or through a friend in USA ? The LPR does not need to be physically present in the US to file the I-130. The LPR is required to live in the US.

Same question regarding the Re-Entry permit I-131. Do I need to be physically present when filing Form I-131 ? Yes, you need to be physically in the US to file the I-131.

It will take 7 years for your LPR parent to petition for you.

An LPR is required to live in the US. Is your mother not planning on living in the US and that's why you asked about filing from outside the US?

Please explain what you are trying to do.

[zaback21 29]

Thanks so much mate !

Just another question not related to this section, but do the LPR needs to be physically present when filing petition I-130 ? Or can the LPR leave US and send I-130 to USCI Lockerbox from abroad or through a friend in USA ? The LPR does not need to be physically present in the US to file the I-130. The LPR is required to live in the US.

Same question regarding the Re-Entry permit I-131. Do I need to be physically present when filing Form I-131 ? Yes, you need to be physically in the US to file the I-131.

It will take 7 years for your LPR parent to petition for you.

An LPR is required to live in the US. Is your mother not planning on living in the US and that's why you asked about filing from outside the US?

Please explain what you are trying to do.

The LPR will live in US else the Greencard will be cancelled, so that's not an issue. The issue is whether the LPR can file and send the petition to USCIS Lockbox from outside the US (e.g. DHL/FedEx) or lets says ask a friend to send it while she is away from US. Is it required for her to be physically present in US while sending it through US mail/Post/FedEx ?

Same goes for I-131 Re-Entry. Can she apply from outside the US and then come to US for Biometric appointment and give to USCIS office ? Or does she needs to be physically present in USA while filing out I-131 ?

Also does she needs to wait for her Greencard to arrive which will take 2-3 months or can she apply for I-130 Petition the next day along with the photocopy of her Passport and Immigrant Visa label ? Alien Number is usually given in the Immigrant Visa label, so that filing out the I-130 form won't be an issue.

If she can, do you know anyone(online or in real) who has done it with photocopy of IV label instead of waiting for Greencard and got their I-130 petition approved ? Does it matter or is it better to wait for Greencard ?

Thanks !

Edited August 8, 2016 by zaback21