Petitioning for mom and sibling - ageing out? Input appreciated. Thank you

[ArianneChris 6]

Thank you so much for helping! 

 

I currently have my citizenship n-400 pending (estimated approval date July 2018 according to uscis online estimator. applied July 2017)

I am currently an LPR (filed for ROC, but was eligible to file for n-400 before ROC got settled)

Once citizenship is approved, I plan on petitioning for my mom (around 1 year wait time)

Then, once my mom gets her green card, she wants to petition my younger sister 

The problem is, my sister's date of birth if Dec 1997, so she will be 21 on Dec 2018

 

If I get my citizenship July 2018 and it takes my mom 1 year to get her green card, it would be July 2019 before she could even petition for my sister (and she would already be 21.5 years old)

 

If I file for my mom under my LPR status right now, is it possible that she might get approved sooner than July 2019?

Are there any other options I'm missing?

 

My sister has autism. Otherwise she would have H1-B as an option like my brother who is now 25  

 

Edited November 19, 2017 by ArianneChris

[milimelo 4,477]

You can't file for your mother until you have naturalization certificate in hand. 

[aleful 1,905]

exactly

 

you need to send proof of citizenship, which will be a copy of your certificate or a copy of your US passport, along with the i130

 

only US citizens can file for parents, so unfortunately your sister will be over 21 when your mom files for her

 

 

[Unlockable 7,314]

Unfortunately, you can't speed up time. I think I see your concern. You are worried that your sister will be over 21 when your mother petitions for her which will take over 7 years for her to be able to come to the US. Your calculations are correct. There is nothing you can do to speed things up. Even if you go through your naturalization and your mothers petition perfectly it will not make a difference.

 

There MAY be an option for private schooling for those with autism. Of course, you will have to provide proof of funds to pay tuition. Not to mention, it will not be an immigrant visa.

[geowrian 22,337]

18 hours ago, ArianneChris said:

If I get my citizenship July 2018 and it takes my mom 1 year to get her green card, it would be July 2019 before she could even petition for my sister (and she would already be 21.5 years old)

Correct. Your mom would be filing for an unmarried adult daughter of an LPR. ETA: ~10 years? Maybe 7 if you're lucky? And her daughter must remain unmarried the entire time.

Even if she somehow got LPR status much sooner and filed for her while she was under 21, the age is considered based on when an immigrant visa number becomes available (not when the I-130 is filed or approved). Even with CSPA, she would turn 21 before that occurs, and "age out" into F2B still.

 

Quote

If I file for my mom under my LPR status right now, is it possible that she might get approved sooner than July 2019?

Are there any other options I'm missing?

You can't file for a parent as an LPR. You must become a USC before you can file for her.

 

The other option is to file for your sister once you become a USC. ETA: ~15+ years? (If that category is even still around.) This can be done alongside another I-130 from somebody else for her...whichever PD becomes current first would be the one she would use (i.e. in case she wants to marry at some point before your mother naturalizes, which would make your mom's I-130 no longer valid).

[Boiler 45,499]

Have you considered the practicalities of bringing someone to the US with medical issues, obviously would not happen anytime soon but even so.

[NigeriaorBust 4,087]

   Immigration could change and either sped up or eliminate visa classes also.

[ArianneChris 6]

@milimelo @aleful Thank you for clarifying that. I actually had an immigration attorney advise me to file for my parent as LPR and after reading the guidelines I realize that I can't. I guess I'm not working with that attorney any more...

 

@NuestraUnion Thank you. Could you share what you mean by private schooling? My sister is NZ citizen and can come over via ESTA but only for 3 months at a time. Is there a separate visa that is tied to private schooling? Proof of funds for tuition would not be an issue

@geowrian I see. So there really is no way even if things were to speed up just a little that she'd qualify for a visa while she's under 21 :(. For now the 7-ish years via mom's LPR filing seems to be the fastest option. I file for mom when I turn USC and she files for my sister. But since my mom is my sister's primary carer (if it wasn't her it would be me...) We'd both be US residents but she would need to be with my sister since she's unable to care for herself. 

@Boiler I have. I believe autism is more an emotional / social disability vs a "medical" issue though. I've actually worked very hard, non stop, taking calculated risks, for the last 2 years and built a business so that money wouldn't be an issue for any life decision. As of right now I could set up a fund specifically dedicated to my sister earning consistent 6-10% annual returns every year and just the interest alone each year would be enough for living expenses, care, spending allowances and any medical needs. She is also an heir in my will and beneficiary in life insurance plans 

Because of what is potentially a 7-15 year wait, moving back to New Zealand is a significant consideration so we can be with family. I do love living in the US and love growing our business which generates plenty of jobs and stimulate the local economy, and the growth would halt if we were to manage from overseas.

@NigeriaorBust I feel like all it's ever done the past several years is keep slowing down   I read some older posts here on this forum and everything was always faster years ago

 

 

 

[aleful 1,905]

then unfortunately you won't be able to file for your mom at this point

 

a resident must live in the US, or he or she will lose the card, there is no way your mom could live 7 or 8 years out of the country to be with your sister

 

she would need to leave your sister by herself, and live in the US. she can visit her from time to time, even get a reentry permit for 2 years . the maximum that she can be out of the country is 4 years without loosing her green card, but that's it

 

so if she can't be by herself for that long, then you will have to file for your sister once you become a citizen, and when she is close to her priority date in 12 or 13 years, file for your mom, so they can come both relatively close or more or less at the same time

 

if it's not an option, then you should become a US Citizen and move back to NZ, since you are a Citizen, you would never loose citizenship if you live abroad, then you would be able to travel back and forth to the US whenever you want to

 

 

 

 

 

 

Edited November 20, 2017 by aleful

[Boiler 45,499]

Seems being with your Mother and Sister is key so you have answered your own question.

Edited November 20, 2017 by Boiler

[Unlockable 7,314]

8 hours ago, ArianneChris said:

@milimelo @aleful Thank you for clarifying that. I actually had an immigration attorney advise me to file for my parent as LPR and after reading the guidelines I realize that I can't. I guess I'm not working with that attorney any more...

 

Don't ever return to that lawyer. Obviously they don't know what they are talking about.

 

Quote

@NuestraUnion Thank you. Could you share what you mean by private schooling? My sister is NZ citizen and can come over via ESTA but only for 3 months at a time. Is there a separate visa that is tied to private schooling? Proof of funds for tuition would not be an issue

Standard student visa (F1). Research special programs for higher education for people with autism. This is NOT an immigrant visa as I said before. So the length of time permitted here will be tied to the length of time at school. For example, if she gets into a program that is only 2 years she will have to return to her country after the program is done.

 

Options:

 

1. You become citizen. Petition mother and sister. Mother comes to US then petition for her daughter. Will require the sister to be left behind until visa is ready.  ETA:  >8 years.

 

2. You become citizen. Petition for sister. Wait the ~15 years. Mother stays with sister in home country to help take care of her. One year before sibling visa becomes available for sister, start the petition for mother. Time it so both can migrate together. ETA: >15 years

 

3. Student visa for sister. Will require much research and funding for tuition. Sister may also need to qualify for school. Note: This will not be a permanent solution as it will not mean the sister can remain here until visa is available for her. ETA: <2 years

 

4. You and your family move to NZ. ETA: Anytime

 

5. Mother and sister remain in NZ.

 

There are options, it is just that they take time. Fortunately, NZ is a country that can provide a good quality of life in the meantime. Especially with health benefits.

 

[CEE53147 559]

14 hours ago, ArianneChris said:

@milimelo @aleful Thank you for clarifying that. I actually had an immigration attorney advise me to file for my parent as LPR and after reading the guidelines I realize that I can't. I guess I'm not working with that attorney any more...

 

@NuestraUnion Thank you. Could you share what you mean by private schooling? My sister is NZ citizen and can come over via ESTA but only for 3 months at a time. Is there a separate visa that is tied to private schooling? Proof of funds for tuition would not be an issue

@geowrian I see. So there really is no way even if things were to speed up just a little that she'd qualify for a visa while she's under 21 :(. For now the 7-ish years via mom's LPR filing seems to be the fastest option. I file for mom when I turn USC and she files for my sister. But since my mom is my sister's primary carer (if it wasn't her it would be me...) We'd both be US residents but she would need to be with my sister since she's unable to care for herself. 

@Boiler I have. I believe autism is more an emotional / social disability vs a "medical" issue though. I've actually worked very hard, non stop, taking calculated risks, for the last 2 years and built a business so that money wouldn't be an issue for any life decision. As of right now I could set up a fund specifically dedicated to my sister earning consistent 6-10% annual returns every year and just the interest alone each year would be enough for living expenses, care, spending allowances and any medical needs. She is also an heir in my will and beneficiary in life insurance plans 

Because of what is potentially a 7-15 year wait, moving back to New Zealand is a significant consideration so we can be with family. I do love living in the US and love growing our business which generates plenty of jobs and stimulate the local economy, and the growth would halt if we were to manage from overseas.

@NigeriaorBust I feel like all it's ever done the past several years is keep slowing down   I read some older posts here on this forum and everything was always faster years ago

 

 

Have you checked into the cost of schools for autistic individuals? 

 

[ArianneChris 6]

@aleful Thank you for clarifying all the options. I had a rough idea that those were the options but it's always nice to have more knowledgeable people verify. 

 

@NuestraUnion Thank you for going through the options as well. I'm definitely going to research the F1 visa. 

Another option we might give a shot is an H1-B visa from our company. We have staffing needs in our company that we haven't been able to find a local person for and my mom is a great candidate. Will have to dive deeper into that research.

 

@CEE53147 There are some pretty affordable non for profit schools for autism here where we are in FL. There are more expensive ones usually around $30-40k /year. The most I've seen in the US is $100k / year in the higher cost of living areas. 

[Boiler 45,499]

Why would you do the H1b lottery when you can sponsor as a USC?

 

Are those fees for International Students?

[CEE53147 559]

Given the demand for programs for special needs individuals, it is unlikely a non-profit school would admit an international student if a local student is on the waiting list. is only fair to accommodate local students first.