Need advice please

[Gmg 0]

Thank you in advance for all the responses!

I am a US Citizen, my father, stepmother (they got married before my 18th) and their 9year old daughter came to the US on tourist visas and I petitioned for my dad and stepmom in November 2017. Received letter to go get biometrics done for each of them in February, got those done. Then I received a letter to go get the Medical Exam done, but that letter was only addressed to my dad, nothing like that came for my stepmom. We still went and got the Medical Exams for both of them and sent those in. This was mid April. Today we received my dad's green card (whooohooo), but nothing for my stepmom. We have never even received a letter stating her I-130 was approved. Is this common? Should I be worried? Has anyone encountered this before and of so what was the outcome?

Also, what are now the options for my half sister? Should my dad petition for her now that he is a LPR, or should I? The attorney I cnsulted with before starting this process advised not to petition for her at the time I was petitioning for parents, not sure why.

THANK YOU!!!

[Umka36 781]

I don't have an answer for your stepmom.

 

However, your half sister does not fall under the IR category so she cannot adjust status within the US either by you or your father. She need would need to go back. If your father files the petition for your sister it would take about 2 years (F2A visa category), and if you were to file it would be over 14 years (longer for those from India, Mexico, Philippines) - F4 visa category.

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-may-2018.html

[Gmg 0]

Thank you Umka36

So we have two choices when it comes to my half sister:

My dad petitions for her (about 2 years wait)

Wait 5 years and when my dad gets Naturalized she will automatically become a U S citizen (she will be 15 at that time).

Correct?

[Alabamak1 688]

8 minutes ago, Gmg said:

Thank you Umka36

So we have two choices when it comes to my half sister:

My dad petitions for her (about 2 years wait)

Wait 5 years and when my dad gets Naturalized she will automatically become a U S citizen (she will be 15 at that time).

Correct?

Correct

 

Edited May 31, 2018 by Alabamak1

[Umka36 781]

No, she still need to be a LPR. Staying illegally in the US does not provide such status:

 

Children of U.S. Citizens Residing in the United States

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001: 

• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR); and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

 

https://www.uscis.gov/us-citizenship/citizenship-through-parents

Edited May 31, 2018 by Umka36

[Gmg 0]

5 minutes ago, Umka36 said:

No, she still need to be a LPR. Staying illegally in the US does not provide such status:

 

Children of U.S. Citizens Residing in the United States

Children who were born outside the U.S. but now live in the U.S. may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after Feb. 27, 2001: 

• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR); and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

 

https://www.uscis.gov/us-citizenship/citizenship-through-parents

Then my father petitioning for her and waiting about 2 years is the only option? Her going back to home country is not an option for us at all! :/

[Umka36 781]

15 minutes ago, Gmg said:

Then my father petitioning for her and waiting about 2 years is the only option? Her going back to home country is not an option for us at all! :/

No, F2A requires your sister going back. Only IR category can adjust within the US. Just to be clear, I was only clarifying the automatic citizenship you mentioned.

 

However, once your father become a US citizen, then he could file for your sister as an IR to gain LPR. Once she gains LPR, then she would gain automatic US citizenship if she is under 18.

 

Green Card for Immediate Relatives of U.S. Citizen

If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a Green Card) based on your family relationship if you meet certain eligibility requirements. You are an immediate relative if you are:

• The spouse of a U.S. citizen;
• The unmarried child under 21 years of age of a U.S. citizen; or
• The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).

https://www.uscis.gov/greencard/immediate-relative-us-citizen

 

I'm in no way condoning your sister live her illegally for 5 years though.

Edited May 31, 2018 by Umka36

[Gmg 0]

50 minutes ago, Umka36 said:

No, F2A requires your sister going back. Only IR category can adjust within the US. Just to be clear, I was only clarifying the automatic citizenship you mentioned.

 

However, once your father become a US citizen, then he could file for your sister as an IR to gain LPR. Once she gains LPR, then she would gain automatic US citizenship if she is under 18.

 

Green Card for Immediate Relatives of U.S. Citizen

If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a Green Card) based on your family relationship if you meet certain eligibility requirements. You are an immediate relative if you are:

• The spouse of a U.S. citizen;
• The unmarried child under 21 years of age of a U.S. citizen; or
• The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).

https://www.uscis.gov/greencard/immediate-relative-us-citizen

 

I'm in no way condoning your sister live her illegally for 5 years though.

Thank you so much!!!