Do you have sponsor brothers and sisters who are under 21 separatly from your Mother?

[Plantagenet 1]

If I sponsor my mom do my 3 sisters who are under 21 come in on her application or do they need to be sponsored separately somehow?

 

Thanks for any guidance

[BuiQuang 95]

u must file separate.  1 year for ur mother for visa.  14 years for ur sisters for visa.  they no can go early with ur mother.  

[geowrian 22,338]

Petitioning your mother is an immediate relative category, which does not permit derivatives.

 

Option 1) Petition each of them separately.

ETA for mother: ~1 year

ETA for siblings: ~12-15+ years (this is a big wildcard, and may not even exist in the future)

 

Option 2) Petition for your mom first, then let her petition for her kids once she is living in the US.

ETA for mother: ~1 year

Once she enters on the IR-5 visa, she can petition for each of her kids. ETA: ~2 years for each assuming they are still under 21. CSPA can help with aging out a little here.

Edited October 27, 2017 by geowrian

[Plantagenet 1]

So even at age 16 they cant come at the same time?

[geowrian 22,338]

  On 10/27/2017 at 4:38 PM, Plantagenet said:

So even at age 16 they cant come at the same time?

Expand  

Yes.

[Plantagenet 1]

Not the answer I was looking for but thank you.  My mother is a widow so leaving my sisters behind is not an option.

[aleful 1,905]

if she can't leave them behind, then she will have to stay with them and you file for your mom when they are old enough to be by themselves and take care of themselves

 

maybe wait until both are 18 and older to file for your mom, since there are no derivatives on your mom's petition, unless they can stay with relatives for 2 years

 

 

[BuiQuang 95]

apply for mother.  she come get green card then file for reentry permit and file for her kids.  she go back 2 years and wait.  when her kids get interview she come back to US.  easy.  many people do this.

[N-o-l-a 7,168]

  On 10/27/2017 at 6:05 PM, BuiQuang said:

apply for mother.  she come get green card then file for reentry permit and file for her kids.  she go back 2 years and wait.  when her kids get interview she come back to US.  easy.  many people do this.

Expand  

 

People also get their greencard taken away at the border for this type of stuff.

[BuiQuang 95]

  On 10/27/2017 at 9:09 PM, N-o-l-a said:

 

People also get their greencard taken away at the border for this type of stuff.

Expand  

how?  they have reentry permit, bank account, us domicile, file US tax return and driver license.  they follow rule to maintain green card per US government instruction.  so how the get taken away at border?  cbp can not take away green card.  only judge can take away.

[ManCharsey 254]

  On 10/27/2017 at 9:14 PM, BuiQuang said:

how?  they have reentry permit, bank account, us domicile, file US tax return and driver license.  they follow rule to maintain green card per US government instruction.  so how the get taken away at border?  cbp can not take away green card.  only judge can take away.

Expand  

You are right, only an immigration judge can strip one of their permanent resident status and not CBP BUT you will be surprised at how many times it happens at the ports of entry. Usually through sneaky tactics like coercion etc.

 

CBP will insist the green card holder 'voluntarily' gave it up and agreed to be deported but everyone knows that's a ####### and bull story in many cases.

[BuiQuang 95]

  On 10/27/2017 at 10:50 PM, ManCharsey said:

You are right, only an immigration judge can strip one of their permanent resident status and not CBP BUT you will be surprised at how many times it happens at the ports of entry. Usually through sneaky tactics like coercion etc.

 

CBP will insist the green card holder 'voluntarily' gave it up and agreed to be deported but everyone knows that's a ####### and bull story in many cases.

Expand  

can u show me where on vj someone with reentry permit that follow rule got green card taken away?

 

if person know only judge can take away green card then he know not to sign anything like lawyer advise my friends mother.  she back now in us with her f2a kids.  she got no problem cuz my friends got lawyer to do it all for her

[geowrian 22,338]

  On 10/27/2017 at 6:05 PM, BuiQuang said:

apply for mother.  she come get green card then file for reentry permit and file for her kids.  she go back 2 years and wait.  when her kids get interview she come back to US.  easy.  many people do this.

Expand  

True, but it's at least mildly risky. Just stopping in the US then leaving for 2 years, even with a reentry permit, is likely to raise questions of abandoning US residency and not having strong ties to the US. And note that she must file the I-131 in the US and do the biometrics in the US.

[BuiQuang 95]

  On 10/27/2017 at 11:11 PM, geowrian said:

True, but it's at least mildly risky. Just stopping in the US then leaving for 2 years, even with a reentry permit, is likely to raise questions of abandoning US residency and not having strong ties to the US. And note that she must file the I-131 in the US and do the biometrics in the US.

Expand  

my friends mother got i131 before she go back.  she stay 3 month and got it.  if problem why us government give to her 3 month after she get here?  she got driver license, bank account, live with her son for 3 month.  lawyer file her tax return.  she got no problem taking her kids to US.  that what my friend told me.

 

can u show me on vj where reentry permit and all above cause problem?  i never see before.  thank you.

[geowrian 22,338]

  On 10/27/2017 at 11:18 PM, BuiQuang said:

my friends mother got i131 before she go back.  she stay 3 month and got it.  if problem why us government give to her 3 month after she get here?  she got driver license, bank account, live with her son for 3 month.  lawyer file her tax return.  she got no problem taking her kids to US.  that what my friend told me.

 

can u show me on vj where reentry permit and all above cause problem?  i never see before.  thank you.

Expand  

I'm stating there is a risk. Establishing and maintaining ties mitigates that risk. It would be inaccurate to claim there is no risk.