petition Petition for my parents and young sister in the states.

[newbieimm 0]

Hello I just become US Citizen, and I would like to petition for my parents and sister (12 years) that are in the states. I know that I can petition only for my parents. But, what would happen to my sister. Can my parents do a petition for her as soon as they get their green card? How long will it take for my sister to get a green card? Thanks in advance for any help in this matter.

[Transborderwife 4,666]

5 minutes ago, dieang said:

Hello I just become US Citizen, and I would like to petition for my parents and sister (12 years) that are in the states. I know that I can petition only for my parents. But, what would happen to my sister. Can my parents do a petition for her as soon as they get their green card? How long will it take for my sister to get a green card? Thanks in advance for any help in this matter.

Are they currently in the USA?  By the time they get their greencards and citizenship your sister will have become an adult and overstayed most likely.  Her overstay would not be forgiven.  You may petition your parents but she should return home before she turns 18.

[newbieimm 0]

Yes, they are. But my parents will obtain their green card in 2 years, then my sister will be 14 by then. Can they petition her then as residents?

[Transborderwife 4,666]

Just now, dieang said:

Yes, they are. But my parents will obtain their green card in 2 years, then my sister will be 14 by then. Can they petition her then as residents?

Not while she's in the United States no.  She did need to return home.  At that point they could petition her and it'd take 2 years.  She has no path within the USA 

[newbieimm 0]

Thanks that is unfortunately  does any one have experience some thing like this before? I am looking forward to heard your experiences or opinions.

[Mollie09 1,543]

15 minutes ago, dieang said:

Thanks that is unfortunately  does any one have experience some thing like this before? I am looking forward to heard your experiences or opinions.

 

Experiences and opinions don't change US immigration law.

A child isn't an immediate relative, and so is not eligible for AOS until a visa number is available, and isn't eligible for AOS at all if they are in the country illegally (i.e. don't have a status to adjust from)

Edited May 30, 2017 by Mollie09

[newbieimm 0]

What about if my parents become US Citizen before she is 18? (I am asking because my other sister is 9)

[geowrian 22,338]

3 minutes ago, dieang said:

What about if my parents become US Citizen before she is 18? (I am asking because my other sister is 9)

How would she stay in the US for the 5+ years required (in addition to the time for your parents to get their green cards)?

Edited May 30, 2017 by geowrian

[newbieimm 0]

Well they are only 9 and 12 we can just send then back. My parents are already in the process, so we are just looking for options.

[NigeriaorBust 4,087]

  If they became citizens before the child ages out  under current laws overstays from a valid entry are forgiven.  But that is how the law reads today.  In 6 or more years who knows what the laws will be.  It would be very foolish to risk them not changing.  Also although they may attend school they supposedly are required to pay for it even in public schools.  Are you prepared to pay this (public schools are extremely overpriced )    If picked up they would be subject to deportation and a ban.   The safest is for your family to return home and you petition one parent who would then come to the US and petition the spouse and child and then they would be able to come together.

[NigeriaorBust 4,087]

There are no legal options for your siblings to stay.   You can send them home or wait to see if they get picked up and deported. ( possibly with the whole handcuff and jail time which is something I wouldn't wish on a sibling of mine )

[newbieimm 0]

 thanks for your replies and your honest opinions

[tine71 12]

18 hours ago, dieang said:

 thanks for your replies and your honest opinions

If your parents enter the US without inspection, they need to be protected under 245-I if they want to adjust status in the US if they are NOT under 245-I they need to go back to their home country for the visa process at the American Embassy.

When they go to the interview at the American Embassy they will need a waiver I-601 and I-212, but..... to get the waiver you CAN NOT apply for the waiver for them since you are their child, if your parents have a mother, father in the US that are either LPR or US Citizens then, they can apply for the waiver.

There is no legal way that you can get a green card for them at this moment if they are here undocumented, they need to go back to their country.

[f f 725]

have parents adjust and then apply for both reentry permits and petition for the children. that way then can maintain residency while raising them in thier home country. there is no way for the children to legally stay waiting for a greencard. epically since overstay is only forgiven for immediate relatives of us citizens and someone who was petitioned by a lpr must be in status to adjust. student visas are not possible since they need to return afterwards and your stated intention is for them to remain here.

 

this only applies if they entered legally if they snuck across the boarder they will need some wavers and a interview in thier home country.

Edited May 31, 2017 by f f

[Transborderwife 4,666]

12 minutes ago, f f said:

have parents adjust and then apply for both reentry permits and petition for the children. that way then can maintain residency while raising them in thier home country. there is no way for the children to legally stay waiting for a greencard. epically since overstay is only forgiven for immediate relatives of us citizens and someone who was petitioned by a lpr must be in status to adjust. student visas are not possible since they need to return afterwards and your stated intention is for them to remain here.

 

this only applies if they entered legally if they snuck across the boarder they will need some wavers and a interview in thier home country.

They need A status, not to be IN status