I-130 petitioned for mother with minor children URGENT!!

[Tt19 0]

I was unaware that my mother wasn’t able to bring derivatives,I filed this petition in 2019 when the eldest was 18 years old now in July 2021 the eldest would be turning 21. I just got the letter from NVC for my mom who does not live in her home country. My mother ran away from her home country(Jamaica) 20 years ago as a result of domestic violence and worked in another country on work permit. Now my mothers new marriage was in turmoil and there had been a few issues involving abuse,so I filed thinking my half siblings will reap the benefits. Now I find out that they will be unable too. My mother has no house or resources in her home country,no family as me and the other siblings and my mothers siblings all live abroad and she is afraid to leave the children with the father because of his xenophobic ways(he treats his full breed native kids differently) and abuse which can be proven and also the issue with her oldest about to turn 21 in about 6 months what can we do? The kids that she have will have no status after she leaves that country and comes to the US I’ve contacted lawyers and received no response. Please help! Are there any humanitarian laws or reunification laws that can help? She was unable to move out of the home because the job that she works barely is enough to help with bill fees that he demands and take care of the children that he does not contribute towards.

[NancyNguyen 1,658]

I don't think there is any way to bring her except for F2B, which the daughter has to be unmarried for at least 8 years. She is already an adult, she has to find a way to survive.

[Tt19 0]

4 minutes ago, NancyNguyen said:

I don't think there is any way to bring her except for F2B, which the daughter has to be unmarried for at least 8 years. She is already an adult, she has to find a way to survive.

Sigh wow.... so even if my mother would be able to arrive in the US at say March..and filed immediately with the I-551 stamp cspa wouldnt cover her? She’ll be 21 July 26th to be exact..even with the f2a category still in current?

[milimelo 4,545]

The reality is there are no derivatives in IR5 visa. May be best you and other siblings pool your money to provide housing and living expenses for the half-siblings/mother until she has a visa and comes to the US/files for them. 

[Tt19 0]

10 minutes ago, milimelo said:

The reality is there are no derivatives in IR5 visa. May be best you and other siblings pool your money to provide housing and living expenses for the half-siblings/mother until she has a visa and comes to the US/files for them. 

Alright thank you,so another comment was saying there’s no other way to bring her but through f2b where in which she must remain unmarried for 8 years.. since we are currently in the process of paying the fees uploading civil documents and the DS-260 say my mother arrives in around March. My sister turns 21 July 26th,do you think if mom filed right away cspa can cover her while she waits? With the f2a category in current and all?

Edited January 27, 2021 by Tt19

[aaron2020 11,651]

Hi,

 

IR5 are banned through March 31, 2021.  The ban started in March 2020.  This means there has been a full year of parents waiting for their interviews who are ahead of your mother. Your mother not be here in March.  She will likely not be interviewed until the end of the year.  

There is no humanitarian laws or reunification laws that will speed up the process.  

 

If your mom immigrates before your sister's 21st birthday and the F2a category stays current, then your sister may have a chance under CSPA.

 

If your mom immigrates after your sister's 21st birthday, then she will have to wait in the F2b category.  And there is nothing that can be done to speed it up.

 

Sorry that this is not the news you were hoping for.

Edited January 27, 2021 by aaron2020

[Tt19 0]

Just now, aaron2020 said:

Hi,

 

IR5 are banned through March 31, 2021.  The earliest your mother could get an interview is in April.  So, she will not be arriving in March.  

There is no humanitarian laws or reunification laws that will speed up the process.  

 

If your mom immigrates before your sister's 21st birthday and the F2a category stays current, then your sister may have a chance under CSPA.

 

If your mom immigrates after your sister's 21st birthday, then she will have to wait in the F2b category.  And there is nothing that can be done to speed it up.

 

Sorry that this is not the news you were hoping for.

Oh I was not aware of the ban but thank you so much, I guess we’ll just hope for the best then

[SusieQQQ 11,587]

Unfortunately chances are that your mom cannot get hede in time, and even if she can it seems imo likely that the backlog of banned cases will lead to retrogression for F2A cases once interviews re-start (they will revert to priority dates rather than being current) which in turn means it your sister might not remain protected under CSPA. Note that even for the younger children, it will probably be close to 2 years after your mom gets here before they can actually get visas of their own, so you definitely need some kind of back-up plan for them. 

[Tt19 0]

10 minutes ago, SusieQQQ said:

Unfortunately chances are that your mom cannot get hede in time, and even if she can it seems imo likely that the backlog of banned cases will lead to retrogression for F2A cases once interviews re-start (they will revert to priority dates rather than being current) which in turn means it your sister might not remain protected under CSPA. Note that even for the younger children, it will probably be close to 2 years after your mom gets here before they can actually get visas of their own, so you definitely need some kind of back-up plan for them. 

Oh woww...this is really sad...well I’ve heard about president Biden’s immigration reform a specific part about green card holders kids and spouses being immediate relatives? And being able to come in the country and wait on their green cards? I know it’s gonna be hard form him to past the entire bill but maybe hopefully he can break it up and that part comes through before her birthday..wow I don’t know what to say I’ll just try to talk to mom and see what happens...but hopefully the bill passes or something works out cause then doesn’t cspa freeze the ages of immediate relatives permanently? And then visas are automatically available for IR categories? I’m new to this just started researching since I’ve known my siblings won’t be able to come..

Edited January 28, 2021 by Tt19

[aaron2020 11,651]

9 minutes ago, Tt19 said:

Oh woww...this is really sad...well I’ve heard about president Biden’s immigration reform a specific part about green card holders kids and spouses being immediate relatives? And being able to come in the country and wait on their green cards? I know it’s gonna be hard form him to past the entire bill but maybe hopefully he can break it up and that part comes through before her birthday..wow I don’t know what to say I’ll just try to talk to mom and see what happens...but hopefully the bill passes or something works out cause then doesn’t cspa freeze the ages of immediate relatives permanently? And then visas are automatically available for IR categories? I’m new to this just started researching since I’ve known my siblings won’t be able to come..

Comprehensive immigration reform has been discussed for 40 years and nothing has happened.  It's unlikely that the bill will be broken up and the favorable parts you want is passed when Republicans disagree with it.  Furthermore, family members of green card holders are not Immediate Relatives. 

Don't get your hopes up.  You've already had to tell your mom that her children can't come with her because you were unaware that derivatives were not allowed.  Don't get her hopes up and set her up for more disappointments.  

Right now, you need to concentrate on getting through the immigration system as it is.  That is what it will be for the foreseeable future.  Once she immigrates, it will take 18-24 months for to petition for unmarried children under age 21 and 7 years to petition for unmarried children over age 21.  This is being realistic.  

[SusieQQQ 11,587]

16 minutes ago, Tt19 said:

Oh woww...this is really sad...well I’ve heard about president Biden’s immigration reform a specific part about green card holders kids and spouses being immediate relatives? And being able to come in the country and wait on their green cards? I know it’s gonna be hard form him to past the entire bill but maybe hopefully he can break it up and that part comes through before her birthday..wow I don’t know what to say I’ll just try to talk to mom and see what happens...but hopefully the bill passes or something works out cause then doesn’t cspa freeze the ages of immediate relatives permanently? And then visas are automatically available for IR categories? I’m new to this just started researching since I’ve known my siblings won’t be able to come..

This is something Congress needs to pass and I think hoping a new law gets passed on this specific issue in the next few months (if ever) is not really a strategy, sorry, just being realistic about this. 

[Tt19 0]

3 minutes ago, SusieQQQ said:

This is something Congress needs to pass and I think hoping a new law gets passed on this specific issue in the next few months (if ever) is not really a strategy, sorry, just being realistic about this. 

Alright thank you I will try about a plan b to the situation 

[Tt19 0]

6 minutes ago, aaron2020 said:

Comprehensive immigration reform has been discussed for 40 years and nothing has happened.  It's unlikely that the bill will be broken up and the favorable parts you want is passed when Republicans disagree with it.  Furthermore, family members of green card holders are not Immediate Relatives. 

Don't get your hopes up.  You've already had to tell your mom that her children can't come with her because you were unaware that derivatives were not allowed.  Don't get her hopes up and set her up for more disappointments.  

Right now, you need to concentrate on getting through the immigration system as it is.  That is what it will be for the foreseeable future.  Once she immigrates, it will take 18-24 months for to petition for unmarried children under age 21 and 7 years to petition for unmarried children over age 21.  This is being realistic.  

Alright I really appreciate the timely replies about the predicament as I’ve been trying to contact lawyers for what felt like forever

[aaron2020 11,651]

12 minutes ago, Tt19 said:

Alright I really appreciate the timely replies about the predicament as I’ve been trying to contact lawyers for what felt like forever

Sorry, there is nothing a lawyer can do to speed things up.  There's no other solutions.  If there was a way, those of us who have been on VJ for years would tell you.  Unfortunately, there is no other paths.  

[JFH 12,191]

2 hours ago, Tt19 said:

Oh woww...this is really sad...well I’ve heard about president Biden’s immigration reform a specific part about green card holders kids and spouses being immediate relatives? And being able to come in the country and wait on their green cards?

What he is proposing is that people can come once the I-130 has been approved. In numerically limited categories it often takes several years for the I-130 to be approved. So it might have won him a few votes from people who thought it meant that their family could come tomorrow, in practice it doesn’t mean much. And it has to get through Congress first.