How should I approach this situation?

[Nicolaszz 10]

We have an F4 immigrant visa interview on December 31. My brother who is currently studying in the states on a student visa will come back for Christmas & the interview. My family won't be able to immigrate before summer because I have to finish my senior school year, and my mom has to finish her teaching year at school. The problem here is that, I suppose, as I read from some sources, the principal applicant (my mom) has to enter the USA before or at the same time as other beneficiary derivatives. But my mom does not have time to leave during Christmas time, as school would start soon. Accordingly, my brother won't be able to leave alone then unless she accompanies him, which is very difficult considering school starts again at like 6 January. 

Is there anything we can do in this situation? Will she have to resort to leaving for a day and coming back just so my brother can go to his uni?

Edited November 27, 2019 by Nicolaszz

[USS_Voyager 1,972]

19 minutes ago, Nicolaszz said:

Is there anything we can do in this situation?

If the interview goes well, the visa will be issued sometimes in January. The immigrant visa has a validity of 6 months from the medicals. So chances are it won't expire until late May or June. Is that enough time? When exactly do you think is good time for your family to immigrate to the US?

[Nicolaszz 10]

11 minutes ago, USS_Voyager said:

If the interview goes well, the visa will be issued sometimes in January. The immigrant visa has a validity of 6 months from the medicals. So chances are it won't expire until late May or June. Is that enough time? When exactly do you think is good time for your family to immigrate to the US?

Sorry perhaps my post wasn't clear enough. I saw on the NVC website that the principal applicant ( my mom in this case ) has to enter the US at the same time or before any other beneficiary derivates do( my dad, my brother and I  in this case, who are benefitting from the case ). And the problem is that my brother has to leave early January right after the immigrant visa interview to the USA cause he is studying there, while we ( the rest of the family including the principal applicant my mother ) can leave only after June 😕.

 

So technically my brother cannot leave without my mom. IDK what to do and I wrote to ask how I should deal with this situation.

[Boiler 45,482]

I would expect that he will need to use his F1 if he leaves immediately after his interview.

[Nicolaszz 10]

59 minutes ago, Boiler said:

I would expect that he will need to use his F1 if he leaves immediately after his interview.

Can't travel while waiting for immigrant visa after interview, and the F1 gets cancelled during the interview 😕

guess i have to discuss it with the embassy

[Boiler 45,482]

5 minutes ago, Nicolaszz said:

Can't travel while waiting for immigrant visa after interview, and the F1 gets cancelled during the interview 😕

guess i have to discuss it with the embassy

Well it will be a bit late then, I have seen non immigrant visa's cancelled no idea if it will happen in this case.

[Nitas_man 3,100]

On 11/27/2019 at 8:09 AM, Nicolaszz said:

We have an F4 immigrant visa interview on December 31. My brother who is currently studying in the states on a student visa will come back for Christmas & the interview. My family won't be able to immigrate before summer because I have to finish my senior school year, and my mom has to finish her teaching year at school. The problem here is that, I suppose, as I read from some sources, the principal applicant (my mom) has to enter the USA before or at the same time as other beneficiary derivatives. But my mom does not have time to leave during Christmas time, as school would start soon. Accordingly, my brother won't be able to leave alone then unless she accompanies him, which is very difficult considering school starts again at like 6 January.
 

This is ridiculous.  Your mom is immigrating.
Answer:

Your mom actually does not “have to finish her teaching year”.  Problem solved, her choice.
Or your brother can skip a semester.  Problem solved, his choice.

Good grief

 

[aaron2020 11,651]

Your brother can not return to the US until your mother immigrates.  There is no way around the principal immigrant having to enter before or at the same time as derivative beneficiaries.  

Your brother can not use his F1 student visa to immigrate to the US.  That's visa fraud and a potential hot mess.  

 

Your brother can not enter the US on his immigrant visa before the principal immigrant.

 

The only solution is for your mother and brother to immigrate together and enter the US at the same time.  

 

Your family will have to make a choice.  Your mother not leaving and her son can not go back to the US or leave to go to the US with her son.  

P.S.  Your brother is not coming back before school starts on Jan. 6.  With a Dec. 31 interview, it's highly unlikely that your family will have immigrant visas by Jan. 6.  

Edited November 28, 2019 by aaron2020

[Nicolaszz 10]

52 minutes ago, Nitas_man said:

This is ridiculous.  Your mom is immigrating.
Answer:

Your mom actually does not “have to finish her teaching year”.  Problem solved, her choice.
Or your brother can skip a semester.  Problem solved, his choice.

Good grief

 

I would love if that could work but I'm pretty sure she has to finish her teaching year. I could be wrong though.

[aaron2020 11,651]

9 minutes ago, Nicolaszz said:

I would love if that could work but I'm pretty sure she has to finish her teaching year. I could be wrong though.

If she will not travel to the US before June, then your brother will not be returning to the US until she immigrates.