Entry into US, derivative members

[Visa Help 0]

My question is about the physical presence of this statement : "When traveling to the United States, the primary (or principal) applicant must enter before or at the same time as derivative family members with visas."

 

My example, The principal applicant enters the US in Jan 2020 as LPR.  The parents files for children, that gets approved.  Now the children are ready to enter the US Feb 2023.  If the principal applicant is out of country during Feb, my question is the principal is required to be in the US at the time the children arrive?  Or because they have been in the US, the parent is considered to have entered the US before or at the same time as the derivative family members?

[Boiler 45,744]

the children are not derivatives. 

 

They are principals

[Visa Help 0]

Thank you.  So the LPR mother of the chidren and person who filed on their behalf (I130),  does not need to be in the US at the time of their entry because they are not derivatives.  Got it, thanks.

[Boiler 45,744]

1 minute ago, Visa Help said:

Thank you.  So the LPR mother of the chidren and person who filed on their behalf (I130),  does not need to be in the US at the time of their entry because they are not derivatives.  Got it, thanks.

I thought I said the opposite

[iwannaplay54 985]

1 hour ago, Visa Help said:

My question is about the physical presence of this statement : "When traveling to the United States, the primary (or principal) applicant must enter before or at the same time as derivative family members with visas."

 

My example, The principal applicant enters the US in Jan 2020 as LPR.  The parents files for children, that gets approved.  Now the children are ready to enter the US Feb 2023.  If the principal applicant is out of country during Feb, my question is the principal is required to be in the US at the time the children arrive?  Or because they have been in the US, the parent is considered to have entered the US before or at the same time as the derivative family members?

If the parents are established residents and on a temporary trip none of this applies.

[Mike E 11,741]

53 minutes ago, Visa Help said:

Thank you.  So the LPR mother of the chidren and person who filed on their behalf (I130),  does not need to be in the US at the time of their entry because they are not derivatives.  Got it, thanks.

1.  Based on what you’ve written so far, the kids aren’t derivatives. 
 

2. All  financial sponsors  (those who signed I-864s for each kid) of the kids must be in the USA before the kids arrive or they must travel with the kids. 

[Visa Help 0]

5 hours ago, iwannaplay54 said:

If the parents are established residents and on a temporary trip none of this applies.

thank you

 

4 hours ago, Mike E said:

1.  Based on what you’ve written so far, the kids aren’t derivatives. 
 

2. All  financial sponsors  (those who signed I-864s for each kid) of the kids must be in the USA before the kids arrive or they must travel with the kids. 

2. you mean the petitioner (also has to be a financial sponsor) needs to be in the US?  Im guessing a joint sponsor could be out the country at the time of their arrival.

[Mike E 11,741]

25 minutes ago, Visa Help said:

2. you mean the petitioner (also has to be a financial sponsor) needs to be in the US?  Im guessing a joint sponsor could be out the country at the time of their arrival

I mean financial sponsor. 
 

 

[iwannaplay54 985]

8 hours ago, Visa Help said:

My question is about the physical presence of this statement : "When traveling to the United States, the primary (or principal) applicant must enter before or at the same time as derivative family members with visas."

 

My example, The principal applicant enters the US in Jan 2020 as LPR.  The parents files for children, that gets approved.  Now the children are ready to enter the US Feb 2023.  If the principal applicant is out of country during Feb, my question is the principal is required to be in the US at the time the children arrive?  Or because they have been in the US, the parent is considered to have entered the US before or at the same time as the derivative family members?

This petitioner “entered” the US years ago.  This is a rule about primary (initial) entry, not about where the petitioner is when the beneficiaries enter the US.  
With that said a petitioner can’t be living and working outside the US and sponsor someone.  If you are referring to a temporary trip that coincides with a beneficiary’s US entry you are mis-applying this rule.

Edited February 5, 2023 by iwannaplay54

[Visa Help 0]

I get

On 2/5/2023 at 5:53 PM, iwannaplay54 said:

This petitioner “entered” the US years ago.  This is a rule about primary (initial) entry, not about where the petitioner is when the beneficiaries enter the US.  
With that said a petitioner can’t be living and working outside the US and sponsor someone.  If you are referring to a temporary trip that coincides with a beneficiary’s US entry you are mis-applying this rule.

Yes, I confused one rule with another situation.  I believe I understand the answer to my question now.  THank you all.