IR5 filed for children - GC abandonment

[Ansbekk 46]

Hello friends,

 

My mom applied for her 3 children under her IR5 status.  She is currently in the States and the three petitions are pending now.  1 of the three children is under 21, but will age out next year.  I am assuming he is protected under "child protection Act" if petition is not approved before, correct?

 

Also, my mom cannot stay in the US as she needs to be back with her kids and her husband who is currently still working.  What is the best option for her to avoid her residency abandobnment?  I was thinking about submitting an application for re-entry permit (I-131).  Thoughts on this?

 

In the event that her residency was abandoned, will the petitions be dropped, or could the children still continue their immigration process?

 

Thank you very much for any input.

[Mike E 11,739]

22 minutes ago, Ansbekk said:

  1 of the three children is under 21, but will age out next year.  I am assuming he is protected under "child protection Act" if petition is not approved before, correct?

When the parent is a usc and the child is under 21, there is no age out. Otherwise CSPA is complex. Lacking details I can’t tell you if the 20 year old will age out. You can calculate it by looking at https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

 

Quote

 

Also, my mom cannot stay in the US as she needs to be back with her kids and her husband who is currently still working.  What is the best option for her to avoid her residency abandobnment?  I was thinking about submitting an application for re-entry permit (I-131).  Thoughts on this?

She needs to file I-131   

Quote

 

In the event that her residency was abandoned, will the petitions be dropped, or could the children still continue their immigration process?

 

Thank you very much for any input.

I don’t know  what happens to her petitions when DoS concludes she has abandoned LPR status but by law only an immigration judge can take her LPR status. 
 

She needs to establish domicile or convince DoS she will have domicile  before the beneficiaries can be DQed and she needs to either accompany the beneficiaries to the USA on their immigration visas or precede them.  
 

I am seeing a lot of moving parts and risk.    I suggest that once NVC takes over the cases, that she move back to the USA.  

Edited January 3, 2023 by Mike E

[Dashinka 24,479]

She can apply for a re-entry permit that will allow her to leave the US for up to 2 years as an LPR.

[Family 3,988]

Since OP is also one of mom’s children , I assume here , mom just entered and activated her LPR , filed the three I-130s , is filing the I-131 and heading out to be w her husband.

Is mom’s husband also your father? 
There is no mention either you or mom filed I-130 for him…so is there any intention of actually moving to the US?? 

[Mike E 11,739]

1 minute ago, Family said:

There is no mention either you or mom filed I-130 for him…so is there any intention of actually moving to the US?

Oh you went there. 
 

[Ansbekk 46]

7 minutes ago, Mike E said:

When the parent is a usc and the child is under 21, there is no age out. Otherwise CSPA is complex. Lacking details I can’t tell you if the 20 year old will age out. You can calculate it by looking at https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

 

She needs to file I-131   

I don’t know  what happens to her petitions when DoS concludes she has abandoned LPR status but by law only an immigration judge can take her LPR status. 
 

She needs to establish domicile or convince DoS she will have domicile  before the beneficiaries can be DQed and she needs to either accompany the beneficiaries to the USA on their immigration visas or precede them.  
 

I am seeing a lot of moving parts and risk.    I suggest that once NVC takes over the cases, that she move back to the USA.  

Yes, this is a complicated situation.  I appreciate your suggiestions.

 

I think I will have her apply for an I-131 and then we will see.

 

She plans on moving in once all her children get their LPR.  At this time, she cannot live in the states alone for medical and cultural purposes.  I don't live in the states either to support her (Foreign Service).

 

As to her child under 21, we were hoping he could make it first and then she can live with him until the other ones get their turn.  He was born in July of 2003!  Right now, according to the processing times of his I-130 which is currently sitting at California service center, his wait time is 2 years.

 

 

 

[Ansbekk 46]

12 minutes ago, Family said:

Since OP is also one of mom’s children , I assume here , mom just entered and activated her LPR , filed the three I-130s , is filing the I-131 and heading out to be w her husband.

Is mom’s husband also your father? 
There is no mention either you or mom filed I-130 for him…so is there any intention of actually moving to the US?? 

Not sure what OP is, but yes her husband is my father.  We could not apply for him because he is still employed and has not retired yet.  He will be joining once his employment is terminated.

Edited January 3, 2023 by Ansbekk

[Family 3,988]

5 minutes ago, Ansbekk said:

As to her child under 21, we were hoping he could make it first and then she can live with him until the other ones get their turn.  He was born in July of 2003!  Right now, according to the processing times of his I-130 which is currently sitting at California service center, his wait time is 2 years.

I see the strategy and though it’s worth a try for the 20 year old , since F-2 A is current you will need to do a lot of juggling to pull that off, once USCIS approves the case.

The F-2 B is super backlogged so unless mom has manages to maintain her LPR status for a decade ( at least) and those siblings take a vow of chastity ( not marry) ..then there is a chance .

 

I would also file I-130 s from you for your siblings . This way they have an opportunity to bring their future spouses and children ( in case circumstances change for them or mom decides not to actually move to the US)

[Family 3,988]

14 minutes ago, Ansbekk said:

Not sure what OP is

Forgive me..OP= original poster=you

[Ansbekk 46]

17 minutes ago, Family said:

The F-2 B is super backlogged so unless mom has manages to maintain her LPR status for a decade ( at least) and those siblings take a vow of chastity ( not marry) ..then there is a chance .

I thought it's about 5 years (at least last time I checked for anything other than China and Philipines.

17 minutes ago, Family said:

I would also file I-130 s from you for your siblings . This way they have an opportunity to bring their future spouses and children ( in case circumstances change for them or mom decides not to actually move to the US)

We can have 2 pending I-130s per person?

[Family 3,988]

Yes they can have multiple I-130s filed for them . 
Linking random web discussion on priority date movement, but am certain other members have input
 

https://www.immigrationplanner.com/visa-bulletin/all-countries/f2b-predictions/

there is a backlog of worldwide F2B applications that are either already ‘documentarily qualified’ at the National Visa Center (NVC) and the State Department will need to go through that backlog before we can see the dates move forward again.

[Boiler 45,445]

No limit on the number of petitions you can have.

 

There could be an issue with the Sponsor and Joint Sponsor and US presence.

 

Trying to remember but thought I saw a case Casablanca last year where the Consulate had an issue with a sponsor who got LPR headed home under the re entry permit having sponsored family. After all this is a family reunification visa and the re entry permit just says what is says on the box and nothing more.

[milimelo 4,475]

Everyone I-130 was filed for should also play DV lottery if they qualify for it. Costs nothing to register. 

[Demise 1,277]

4 hours ago, Ansbekk said:

Hello friends,

 

My mom applied for her 3 children under her IR5 status.  She is currently in the States and the three petitions are pending now.  1 of the three children is under 21, but will age out next year.  I am assuming he is protected under "child protection Act" if petition is not approved before, correct?

 

Also, my mom cannot stay in the US as she needs to be back with her kids and her husband who is currently still working.  What is the best option for her to avoid her residency abandobnment?  I was thinking about submitting an application for re-entry permit (I-131).  Thoughts on this?

 

In the event that her residency was abandoned, will the petitions be dropped, or could the children still continue their immigration process?

 

Thank you very much for any input.

 

The soon to be 21 year old will be covered by CSPA. Just make sure they stay unmarried until they're in US.

Have her file I-131 for a re-entry permit, denote to send the re-entry permit to a consulate in her country, wait in US to do biometrics, once biometrics are done she can leave and have two years to come back.

USCIS doesn't really keep a record of who's abandoned their permanent residency. But if a determination like that is made by USCIS or the Department of State then yeah those petitions will be denied.

[Boiler 45,445]

The mother can not stay in the US for reasons stated so this is a way to get her children in, will the Consulate pick up on it who knows?