US citizen filed for adult child but adult didn’t live in US

[Traveller_123 2]

Hi everyone,

 

I have a question...sorry if it was asked before.

 

A good friend of mine had her mother file for her to come and live in the US many years ago, but she never took it up fully, even though she got a social security number, but nothing else. Can her immediate family member/s file for her now and will she be approved or what can she do?

I recommended her to call the USCIS office, but because she doesn’t have an actual case pending, I am not sure if they may not be able to help her. 

 

What do you all think?

 

[SusieQQQ 11,587]

If she never lived in the US (or even if she did but hasn’t for years) then she has abandoned residence. She will need a new petition filed. What is the relationship of the family member who wants to file for her? Also, I presume she is over 21 from what you said? Married or single?
 

 

Edited August 21, 2020 by SusieQQQ

[Traveller_123 2]

Yea, I would assume she would have abandoned her residency, since she never lived in the US. 

It is now a child that wants to file for her again, and the mother is single.

[SusieQQQ 11,587]

50 minutes ago, psygirl said:

Yea, I would assume she would have abandoned her residency, since she never lived in the US. 

It is now a child that wants to file for her again, and the mother is single.

A US citizen child over the age of 21, I presume? Well that category is currently banned but that’s probably not really relevant as the ban should be over (end of the year, assuming it’s not renewed) before the petition is processed. The daughter needs to file an i130 petition and mom’s category will be IR5.  The “guides” tab at the top of the page has more info, scroll down to “Parents of US Citizens” under Immigration Guides.

[Traveller_123 2]

I'm confused. Are you saying that the US citizen child over 21 can't file for her parent now as it's banned?

 

[SalishSea 18,102]

On 8/20/2020 at 9:35 PM, psygirl said:

I'm confused. Are you saying that the US citizen child over 21 can't file for her parent now as it's banned?

 

Yes.

[SusieQQQ 11,587]

On 8/20/2020 at 9:35 PM, psygirl said:

I'm confused. Are you saying that the US citizen child over 21 can't file for her parent now as it's banned?

 

She can file now, but there won’t be any visas issued until the ban is over (end December, or longer if the president decides to extend the ban).

[Traveller_123 2]

Oh wow. Good to know, I remembered hearing something like this, a while back, but didn't know that this filing process would have been affected.

 

Thanks for the info.

[Josm 30]

The application process has not been affected, you can submit the petition and once it has been proven if the EO is still in force, the visa will not be issued but there it would be only one step away.

[Traveller_123 2]

Thank you, I will impart the knowledge.

[Demise 1,331]

On 8/20/2020 at 8:59 PM, psygirl said:

Hi everyone,

 

I have a question...sorry if it was asked before.

 

A good friend of mine had her mother file for her to come and live in the US many years ago, but she never took it up fully, even though she got a social security number, but nothing else. Can her immediate family member/s file for her now and will she be approved or what can she do?

I recommended her to call the USCIS office, but because she doesn’t have an actual case pending, I am not sure if they may not be able to help her. 

 

What do you all think?

 

Gotta need more information.

 

How old is the friend and where was she born.

When was the petition filed, was it eventually approved, has the friend gotten her green card or not.

Was the mother an LPR or a USC at the time (and if LPR has the mother naturalized since, if so when).

[Traveller_123 2]

On 9/15/2020 at 12:42 AM, Demise said:

Gotta need more information.

 

How old is the friend and where was she born.

When was the petition filed, was it eventually approved, has the friend gotten her green card or not.

Was the mother an LPR or a USC at the time (and if LPR has the mother naturalized since, if so when).

The friend is 35 and born in Jamaica. She hasn't filed for her mother as yet. 

 

[Demise 1,331]

10 hours ago, psygirl said:

The friend is 35 and born in Jamaica. She hasn't filed for her mother as yet. 

 

So hold on, is the mother the sponsor or is the friend the sponsor here?

[Traveller_123 2]

Ok I misunderstood everything what was said to me. Let me start over.
 

• Friend is 35 years old and is US CITIZEN BY NATURALIZATION.
• She wants to file for a green card for her mother who lives in Jamaica.
• Mother had received a green card years ago through her mother and got her alien number and even got a social security number, but she never stayed in the US and kept up her residency.

 

Question... can friend file for her mother without any issues coming from the mother’s previous filing and getting her residency years ago?

 

 

 

 

 

 

[SusieQQQ 11,587]

35 minutes ago, psygirl said:

Ok I misunderstood everything what was said to me. Let me start over.
 

• Friend is 35 years old and is US CITIZEN BY NATURALIZATION.
• She wants to file for a green card for her mother who lives in Jamaica.
• Mother had received a green card years ago through her mother and got her alien number and even got a social security number, but she never stayed in the US and kept up her residency.

 

Question... can friend file for her mother without any issues coming from the mother’s previous filing and getting her residency years ago?

 

 

 

 

 

 

Yes, no problem.